Law Commons^™

Professional Responsibility And Self-Regulation Of The Securities Lawyer, James H. Cheek, Iii

Washington and Lee Law Review

No abstract provided.

Judicial Ethics--Recusal Of Judges--The Need For Reform, Don R. Sensabaugh Jr.

West Virginia Law Review

No abstract provided.

Legislative Ethics, 1973., James R. Nowlin

St. Mary's Law Journal

Approaching the 63d Regular Session of the Texas State Legislature, the need to establish new standards of ethical conduct for the attorney-legislators had increased substantially in public support. The “Sharpstown” Bank scandal and the recent indictments of several present and former state legislators, on numerous counts of theft of state funds, had severely eroded public confidence in the moral turpitude of state lawmakers. This study examines the Texas state legislative process and the conflicting interests that arise in the task of drafting and passing bills in the House of Representatives and the Senate. There were several attempts, prior to 1973, …

Legal Ethics - Drafter Of Will Who Serves As Executor, Bert Michael Whorton

West Virginia Law Review

No abstract provided.

Procedures For Disciplining Attorneys In Virginia

Washington and Lee Law Review

No abstract provided.

Minimum Fee Schedules: Guides Or Strait Jackets, Robert L. Simmons, Gary N. Holthus

Cleveland State Law Review

Several states have minimum fee schedules that set the least amount of compensation a lawyer should charge for a specific legal service. There has been much confusion in bar associations across the country as to the application of minimum fee schedules and the consequences of non-compliance. The American Bar Association has published both formal and informal opinions in an attempt to clearly define the functions of the schedules. In view of the opinions, interviews and statistical studies on the subject of minimum fee schedules, it is apparent that they are too rigid to cope with the practical needs of the …

Education In Professional Responsibility, David B. Goshien

Cleveland State Law Review

The problems, indeed the inadequacy of present legal education in ethics and professional responsibility are well known. The traditional methods of preparing law students for the avoidance of ethical and even criminal complaints against them in their future practice of law have been, in the main, divisible into two general categories: the "pervasive" method, through which understanding is supposed to be gained by students as if by osmosis through all courses and general law school contract, and the "specific" method which offers a course in the subject. Both methods are commonly used but neither seems to have achieved an acceptable …

Commencement Of Statute Of Limitations For Malpractice Of An Attorney, James Gordon Joseph

Cleveland State Law Review

In almost all jurisdictions the statute of limitations for the malpractice of an attorney is between one and three years. Although some argue that this is too short a period, the main problem is not in the statute but in its application. Difficulty arises when a court must decide at what point the statute of limitations begins to run. To appreciate a court's problem, the nature and reasons behind statutes of limitations must be understood

Legal Malpractice: Improper Representation Of Conflicting Interests, Marshall J. Nachbar

Cleveland State Law Review

When an attorney, for whatever reason-sloth, over zealous conduct, or personal greed-represents a client without being completely loyal to the client's interests there are several things that may occur. The attorney may be subject to disciplinary or disbarment proceedings. He may be disqualified from further representing his client. If the attorney's actions have resulted in damage to his client the attorney may find himself the defendant in a malpractice action. If the cause of the damage is alleged to be the result of an attorney representing dual interests or improperly representing adverse interests then the cause of action will be …

Lawyers' Malpractice In Litigation, Nathaniel Rothstein

Cleveland State Law Review

Until recently, when we spoke of malpractice we invariably meant medical malpractice. Less than 20 years ago only a handful of lawyers carried professional liability (malpractice) insurance. This is no longer true. Attorneys who practice in large metropolitan areas are now keenly aware of the importance and necessity of having this insurance coverage; and in no segment of the legal profession is this more urgent than amongst trial lawyers-for much like surgeons in the medical field, trial lawyers are the most vulnerable in attorney-malpractice lawsuits.

Contingent Fee: Champerty Or Champion, Arthur L. Kraut

Cleveland State Law Review

In 1952, an article appeared in Reader's Digest magazine castigating both the contingent fee system of financing litigation and the trial lawyers of the United States. Since that article appeared, the client public has been barraged with a stream of propaganda aimed at barring the use of the contingent fee as a means of retaining a lawyer.

Pragmatic Approach To Problems Of Group Law Practice, Herschel Kriger

Cleveland State Law Review

United Mine Workers of America, District 12 v. Illinois State Bar Association, is one of the latest in a line of holdings which have demonstrated that areas heretofore considered by the Bar as sacrosanct unto itself or the state courts are not immune from re-evaluation. That decision, rendered on December 5, 1967, was not unexpected in the light of the pronouncements of the Supreme Court in NAACP v. Button, and Railroad Trainmen v. Virginia Bar Association, and the process is likely to continue.

Professional Responsibility Of The Criminal Defense Lawyer: The Three Hardest Questions, Monroe H. Freedman

Hofstra Law Faculty Scholarship

In almost any area of legal counseling and advocacy, the lawyer may be faced with the dilemma of either betraying the confidential communications of his client or participating to some ex-tent in the purposeful deception of the court. This problem is no-where more acute than in the practice of criminal law, particularly in the representation of the indigent accused. The purpose of this article is to analyze and attempt to resolve three of the most difficult issues in this general area:

1. Is it proper to cross-examine for the purpose of discrediting the reliability or credibility of an adverse witness …

Need For Re-Evaluation Of Canons Of Ethics, Lewis F. Powell Jr.

Powell Speeches

No abstract provided.

Modern Mettle: The Misconstrued Morality, William B. Martin

Kentucky Law Journal

No abstract provided.

The Ethical Problem In The Representation Of Union Members By Union Attorneys, Herbert Shelton Sanger Jr.

West Virginia Law Review

No abstract provided.

Legal Ethics--Attorneys--Disbarment While Serving As Judge, James William Sarver

West Virginia Law Review

No abstract provided.

Attorney And Client--Handling Of Client's Money Or Other Trust Property--Commingling Or Use By Attorney Cause For Suspension, F. L. D. Jr.

West Virginia Law Review

No abstract provided.

A Study In Perfidy, Allan D. Vestal

Indiana Law Journal

No abstract provided.

Trumbull: Materials On The Lawyer's Professional Responsibility, Glenn R. Winters

Michigan Law Review

A Review of Materials on the Lawyer's Professional Responsibility. By William M. Trumbull.

Attorney And Client--Disbarment Of Attorney For Invoking Fifth Amendment-Denial Of Due Process, M. J. P.

West Virginia Law Review

No abstract provided.

Necessity As A Justification: A Critique Of Perka, Donald Galloway

Dalhousie Law Journal

In his characteristically trenchant and influential investigation, "A Plea for Excuses",' J. L. Austin reminded us that we can and do use different strategies of defending a person when it is claimed that he has done wrong. He drew attention to two distinct tactics: One way of going about this (defending a person) is to admit that he, X, did that very thing, A, but to argue that it was a good thing, or the right or sensible thing, or a permissible thing to do . . . To take this line is to justify the action, to give reasons …

Recent Cases, Law Review Staff

Vanderbilt Law Review

CRIMINAL PROCEDURE--FACIAL EXPRESSIONS AND GESTICULATIONS OF TRIAL JUDGE--PREJUDICIAL EFFECT ON JURY

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EMPLOYMENT SECURITY ACT--PERSONS COUNTED TO DETERMINE WHETHER AN EMPLOYING UNIT HAS REQUISITE NUMBER OF EMPLOYEES TO CONSTITUTE AN "EMPLOYER"--STUDENTS WORKING FOR SCHOOL TO PAY TUITION

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FEDERAL JURISDICTION--JURISDICTIONAL AMOUNT--INJUNCTION SUITS

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LEGAL ETHICS--SOLICITATION AND FEE SPLITTING--ATTORNEY CONTRACTING WITH LABOR UNION TO REPRESENT UNION MEMBERS FOR CONTIGENT FEE

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NEGLIGENCE--LANDOWNER'S DUTY OF CARE--DUTY OWED TO FIREMAN

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NEGLIGENCE--STANDARD OF CARE--ASSURED-CLEAR-DISTANCE-AHEAD RULE

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PERSONAL PROPERTY--TENANCY BY THE ENTIRETY--BANK ACCOUNTS

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PLEADING--GENERAL ISSUE--SCOPE IN TENNESSEE

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TORTS--CHARITABLE INSTITUTIONS--TORT LIABILITY OF CHARITABLE INSTITUTIONS UNDER THE DOCTRINE OF RESPONDEAT SUPERIOR

The Challenge Of The Critical Century, Elvis J. Stahr Jr.

Articles by Maurer Faculty

No abstract provided.

Legal Ethics, James B. Kinne

Washington Law Review

Address by Judge James B. Kinne, to class in Legal Ethics, University of Washington Law School, December 4, 1937.

Legal Ethics And The Law Schools, Bernard C. Gavit

Articles by Maurer Faculty

What Leaders of Movement for Teaching Professional Ethics in the Law Schools Really Have in Mind Is That These Schools Make Some Intelligent and Wholehearted Attempt to Develop Professional Character-What Can Be Done in This Direction by Such Institutions-Bad Effect of Narrow Point of View of Much Teaching in the Past.

Ethical Basis Of The Law Of Defamation, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

Employing And Accepting Employment As Additional Counsel In Litigation Without The Knowledge Of Consent Of Existing Local Counsel--Disapproved

West Virginia Law Review

No abstract provided.

Lay Tradition As To The Lawyer, Roscoe Pound

Michigan Law Review

We all know the lay tradition as to the lawyer. Mike Monaghan rhymes lawyer with trier. He tells us that the Probate Court is instituted to see that "iviry mimber of the bair gits a fair chanct at phwat the dicaysed didn't take wid 'im." In the timeworn anecdote of the epitaph "here lies an honest lawyer" everyone is ready to say, "that's Strange."' Laymen, who, sitting as arbitrators, will insist on technicalities which the law would instantly reject, and in corner-grocery discussions will argue that a contract signed with a lead pencil is void for informality, are quite sure …

Legal Ethics, Charles A. Kent

Michigan Law Review

Legal ethics is a branch of general ethics. Some consideration of the latter is necessary to an understanding of the former. It is a fundamental fact that men generally, if not all sane men, distinguish certain courses of conduct as right and wrong; just as they say particular objects are beautiful and others ugly. They feel a duty to do some things and to refrain from others. If savages do not feel distinctly the sense of duty, at least they are indignant at certain conduct in their associates, and approve of other acts, on moral grounds. This sense of duty …