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Full-Text Articles in Law

The Foundational Skill Of Reflection In The Formation Of A Professional Identity, Neil W. Hamilton Jun 2022

The Foundational Skill Of Reflection In The Formation Of A Professional Identity, Neil W. Hamilton

St. Mary's Journal on Legal Malpractice & Ethics

There is a growing scholarly literature on the professional development and formation of law students into the core values, guiding principles, and well-being practices considered foundational to successful legal practice.* This growing scholarly literature can guide effective curriculum development to foster student growth toward later stages of development on these learning outcomes. This Article focuses on the skill of reflection as one of the most effective curricular strategies to foster each student’s growth toward later stages of these learning outcomes. This same curricular strategy will also be effective in engaging practicing lawyers to grow toward these same goals. Part II …


The Fate Of Comment 8: Analyzing A Lawyer's Ethical Obligation Of Technological Competence, Lisa Z. Rosenof May 2022

The Fate Of Comment 8: Analyzing A Lawyer's Ethical Obligation Of Technological Competence, Lisa Z. Rosenof

University of Cincinnati Law Review

No abstract provided.


How And Why Did It Go So Wrong?: Theranos As A Legal Ethics Case Study, G.S. Hans Mar 2021

How And Why Did It Go So Wrong?: Theranos As A Legal Ethics Case Study, G.S. Hans

Georgia State University Law Review

The Theranos saga encompasses many discrete areas of law. Reporting on Theranos, most notably John Carreyrou’s Bad Blood, highlights the questionable ethical decisions that many of the attorneys involved made. The lessons attorneys and law students can learn from Bad Blood are highly complex. The Theranos story touches on multiple areas of professional responsibility, including competence, diligence, candor, conflicts, and liability. Thus, Theranos serves as a helpful tool to explore the limits of ethical lawyering for Professional Responsibility students.

This Article discusses the author’s experience with using Bad Blood as an extended case study in a new course on Legal …


“Listserv Lawyering”: Definition And Exploration Of Its Utility In Representation Of Consumer Debtors In Bankruptcy And In Law Practice Generally, Josiah M. Daniel Iii Jan 2021

“Listserv Lawyering”: Definition And Exploration Of Its Utility In Representation Of Consumer Debtors In Bankruptcy And In Law Practice Generally, Josiah M. Daniel Iii

St. Mary's Journal on Legal Malpractice & Ethics

The author examines the communications and activities of bankruptcy lawyers participating in the listserv of the Bankruptcy Law Section of the State Bar of Texas and finds that those activities constitute a previously unrecognized form of “lawyering,” which he has defined as the work of lawyers in and through the legal system to accomplish the objectives of their clients. Review of specific postings about legal issues and practical problems by Texas bankruptcy lawyers, whose practices are primarily on behalf of individual debtors in cases under Chapters 7 and 13 of the Bankruptcy Code, and observations about the voluntary, collaborative, and …


Collared—A Film Case Study About Insider Trading And Ethics, Garrick Apollon Jan 2021

Collared—A Film Case Study About Insider Trading And Ethics, Garrick Apollon

St. Mary's Journal on Legal Malpractice & Ethics

This Article discusses the visual legal advocacy documentary film, Collared, by Garrick Apollon (author of this Article). Collared premiered in fall 2018 to a sold-out audience at the Hot Docs Cinema in Toronto for the Hot Docs for Continuing Professional Education edutainment initiative. Collared features the story and reveals the testimony of a convicted ex-insider trader who is still struggling with the tragic consequences of “the most prolonged insider trading scheme ever discovered by American and Canadian securities investigators.” The intimate insights shared by former lawyer and reformed white-collar criminal, Joseph Grmovsek, serves as a painful reminder of the …


Conference On The Ethics Of Legal Scholarship Jun 2018

Conference On The Ethics Of Legal Scholarship

Marquette Law Review

None


Legal Education: Rethinking The Problem, Reimagining The Reforms, Deborah L. Rhode Feb 2013

Legal Education: Rethinking The Problem, Reimagining The Reforms, Deborah L. Rhode

Pepperdine Law Review

Whether or not law schools are in a crisis, it is certainly true that legal education currently faces a number of significant challenges. The fundamental problem is a lack of consensus over what the problem is. Legal educators and regulators are developing well-intended but inadequate responses to the symptoms, not the causes of law school woes. In addition to identifying the problem, this Article discusses potential reforms. Financial issues represent a significant source of much of the current criticisms face by law schools today. Tuition rates have increased at a pace far outstripping the steep hikes seen at universities as …


Harmonizing Current Threats: Using The Outcry For Legal Education Reforms To Take Another Look At Civil Gideon And What It Means To Be An American Lawyer, Cathryn Miller-Wilson Jan 2013

Harmonizing Current Threats: Using The Outcry For Legal Education Reforms To Take Another Look At Civil Gideon And What It Means To Be An American Lawyer, Cathryn Miller-Wilson

University of Maryland Law Journal of Race, Religion, Gender and Class

"Harmonizing Current Threats: Using the Outcry for Legal Education Reforms to Take Another Look at Civil Gideon and What it Means to be an American Lawyer," makes the argument that, like medical education, legal education should be seen as a public responsibility. With the extra government funding that would come from this view of legal education, Miller-Wilson proposes incorporating "teaching law firms" after law school for students to practice in various specialties before graduation, similar to a medical residency.


The Attorney-Client Privilege As An Obstacle To The Professional And Ethical Development Of Law Students, Ursula H. Weigold Mar 2012

The Attorney-Client Privilege As An Obstacle To The Professional And Ethical Development Of Law Students, Ursula H. Weigold

Pepperdine Law Review

No abstract provided.


The Law School Clinic As A Model Ethical Law Office, Peter A. Joy Jan 2003

The Law School Clinic As A Model Ethical Law Office, Peter A. Joy

William Mitchell Law Review

In this essay, I contend that all clinical teachers should explicitly acknowledge that they are legal ethics and professional responsibility teachers and role models of the “good lawyer” in everything they do. I argue that every in-house clinical teacher should strive to make her clinic a model ethical law office.


Upping The Ante: Curricular And Bar Exam Reform In Professional Responsibility, David A. Logan Jun 1999

Upping The Ante: Curricular And Bar Exam Reform In Professional Responsibility, David A. Logan

Washington and Lee Law Review

No abstract provided.


The Role Of The Law School In The Teaching Of Legal Ethics And Professional Responsibility, Warren E. Burger Jan 1980

The Role Of The Law School In The Teaching Of Legal Ethics And Professional Responsibility, Warren E. Burger

Cleveland State Law Review

My thesis is simple and straightforward. Every law school has a profound duty-and a unique opportunity-to inculcate principles of professional ethics and standards in its students. This duty should permeate the entire educational experience beginning with the first hour of the first day in law school.