Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 52

Full-Text Articles in Law

How I Changed My Mind, Thomas L. Shaffer Nov 2013

How I Changed My Mind, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


"Technical" Defenses: Ethics, Morals, And The Lawyer As Friend, Thomas L. Shaffer, Robert F. Cochran Jr. Nov 2013

"Technical" Defenses: Ethics, Morals, And The Lawyer As Friend, Thomas L. Shaffer, Robert F. Cochran Jr.

Thomas L. Shaffer

This essay examines the question of lawyer-client counseling on the issue of raising "technical" defenses, such as statutes of limitations. The authors challenge the prevailing notion of American lawyers that technical defenses raise no moral issue worthy of dialogue between lawyers and clients. Looking at the history of legal ethics and modern treatment in European law, they suggest that questions of limitations do raise moral issues. They go on to explore how those moral issues ought to be discussed and decided between lawyers and clients, using the framework of lawyers as godfathers, hired guns, gurus, and friends that they laid …


Symposium: Client Counseling And Moral Responsibility, Robert F. Cochran Jr, Deborah L. Rhode, Paul R. Tremblay, Thomas L. Shaffer Nov 2013

Symposium: Client Counseling And Moral Responsibility, Robert F. Cochran Jr, Deborah L. Rhode, Paul R. Tremblay, Thomas L. Shaffer

Thomas L. Shaffer

Cochran served as moderator and presented an introduction to this symposium titled "Client Counseling and Moral Responsibility". It is based on papers and discussion presented at the Professional Responsibility Section panel at the annual meeting of the American Association of Law Schools in Washington, D.C., on January 4, 2003. Members of the panel, Professors Deborah Rhode, Paul Tremblay, and Thomas Shaffer presented three different approaches to moral issues that arise in the client counseling relationship: the directive approach, client-centered counseling and the collaborative model. Under the directive model, a lawyer asserts control of moral issues that arise during legal representation. …


Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer Nov 2013

Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Legal Ethics And The Good Client, Thomas L. Shaffer Nov 2013

Legal Ethics And The Good Client, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Using The Pervasive Method Of Teaching Legal Ethics In A Property Course, Thomas L. Shaffer Nov 2013

Using The Pervasive Method Of Teaching Legal Ethics In A Property Course, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Lawyers As Prophets, Thomas L. Shaffer Nov 2013

Lawyers As Prophets, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


The Professional Ethics Of Individualism And Tragedy In Martin Arrowsmith's Expedition To St. Hubert, Thomas L. Shaffer Nov 2013

The Professional Ethics Of Individualism And Tragedy In Martin Arrowsmith's Expedition To St. Hubert, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Christian Lawyer Stories And American Legal Ethics, Thomas L. Shaffer Nov 2013

Christian Lawyer Stories And American Legal Ethics, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


On Teaching Legal Ethics In The Law Office, Thomas L. Shaffer Nov 2013

On Teaching Legal Ethics In The Law Office, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Jews, Christians, Lawyers, And Money, Thomas L. Shaffer Nov 2013

Jews, Christians, Lawyers, And Money, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Moral Theology In Legal Ethics, Thomas L. Shaffer Nov 2013

Moral Theology In Legal Ethics, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


The Legal Ethics Of Fear: On The 1904 Report Of The Committee On Legal Ethics Of The Georgia Bar Association, Thomas L. Shaffer Nov 2013

The Legal Ethics Of Fear: On The 1904 Report Of The Committee On Legal Ethics Of The Georgia Bar Association, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Inaugural Howard Lichtenstein Lecture In Legal Ethics: Lawyer Professionalism As A Moral Argument, Thomas L. Shaffer Nov 2013

Inaugural Howard Lichtenstein Lecture In Legal Ethics: Lawyer Professionalism As A Moral Argument, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


The Profession As A Moral Teacher, Thomas L. Shaffer Nov 2013

The Profession As A Moral Teacher, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


The Legal Ethics Of Belonging, Thomas L. Shaffer Nov 2013

The Legal Ethics Of Belonging, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


On Lying For Clients, Thomas L. Shaffer Nov 2013

On Lying For Clients, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


David Hoffman's Law School Lectures, 1822-1833, Thomas L. Shaffer Nov 2013

David Hoffman's Law School Lectures, 1822-1833, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Legal Ethics After Babel, Thomas L. Shaffer Nov 2013

Legal Ethics After Babel, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Legal Ethics And Jurisprudence From Within Religious Congregations, Thomas L. Shaffer Nov 2013

Legal Ethics And Jurisprudence From Within Religious Congregations, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Sectarian Reflections On Lawyers' Ethics And Death-Row Volunteers, Richard W. Garnett Nov 2013

Sectarian Reflections On Lawyers' Ethics And Death-Row Volunteers, Richard W. Garnett

Richard W Garnett

What should lawyers think about and respond to death-row volunteers? When a defendant accused of a capital crime attempts to plead guilty, or instructs his lawyer not to present a particular defense; when a convicted killer refuses to permit the introduction of potentially life-saving mitigating evidence - or even urges the jury to impose a death sentence - at the sentencing phase of a death-eligible case; when a condemned inmate refuses to file, or to appeal the denial of, habeas corpus and other post-conviction petitions for relief; when he elects not to object to a particular capital-punishment method, to call …


Exporting American Legal Ethics, James E. Moliterno Oct 2013

Exporting American Legal Ethics, James E. Moliterno

James E. Moliterno

None available.


Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill Jul 2013

Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill

David S Caudill

My focus is on an apparent trend at the intersection of the fields of evidentiary standards for expert admissibility and professional responsibility, namely the eagerness to place more ethical responsibilities on lawyers to vet their proffered expertise to ensure its reliability. My reservations about this trend are not only based on its troubling implications for the lawyer’s duty as a zealous advocate, which already has obvious limitations (because of lawyers’ conflicting duties to the court), but are also based on the problematic aspects of many reliability determinations. To expect attorneys - and this is what the proponents of a duty …


Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David Caudill Jul 2013

Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David Caudill

David S Caudill

No abstract provided.


1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin May 2013

1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Relationships, The Rules Of Professional Conduct And Land Use: Ethical Quagmires For Land Use Attorneys, Patricia E. Salkin May 2013

Relationships, The Rules Of Professional Conduct And Land Use: Ethical Quagmires For Land Use Attorneys, Patricia E. Salkin

Patricia E. Salkin

This article begins to fill the void by introducing the application of the various Rules of Professional Conduct, as adopted by the specific opining jurisdiction, through a review of the relevant reported opinions of the various committees and sometimes courts, in the land use context. Part I discusses the challenges that arise for lawyers vis-à-vis their clients in the land use context. This is followed by a discussion in Part II of the ethics and professionalism issues that confront lawyers who serve on local boards.


The Scope Of Discovery Of Legal Ethics In Class Action Litigation, Bernard W. Freedman May 2013

The Scope Of Discovery Of Legal Ethics In Class Action Litigation, Bernard W. Freedman

Pepperdine Law Review

No abstract provided.


Ethical Issues In Mass Tort Plaintiffs' Representation: Beyond The Aggregate Settlement Rule, Nancy J. Moore May 2013

Ethical Issues In Mass Tort Plaintiffs' Representation: Beyond The Aggregate Settlement Rule, Nancy J. Moore

Faculty Scholarship

Those who have addressed ethics issues for plaintiffs’ lawyers in mass tort litigation have focused on possible reform of the aggregate settlement rule to facilitate global settlements. This Article addresses a broader range of ethical issues, including (1) application of the general conflicts of interest rule to both client-client and client-lawyer conflicts; (2) unresolved issues concerning the interpretation of the current aggregate settlement rule, including the need to disclose client names and the applicability of the rule to court-approved settlements and formula or matrix allocations; and (3) the ability of lawyers to voluntarily withdraw from representing plaintiffs who reject an …


General Semantics, Stare Decisis And Change Through Considerations Of A New Ethics, Irene S. Ross Apr 2013

General Semantics, Stare Decisis And Change Through Considerations Of A New Ethics, Irene S. Ross

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


"Good Moral Character" As A Licensing Standard, Larry Craddock Apr 2013

"Good Moral Character" As A Licensing Standard, Larry Craddock

Journal of the National Association of Administrative Law Judiciary

No abstract provided.