Law Commons^™

Advice And Complicity, Matthew A. Smith

Duke Law Journal

No abstract provided.

Upjohn Warnings, The Attorney-Client Privilege, And Principles Of Lawyer Ethics: Achieving Harmony, Grace M. Giesel

University of Miami Law Review

No abstract provided.

Lawyers, Clients And Sex: Breaking The Silence On The Ethical And Liability Issues, Caroline Forell

Golden Gate University Law Review

This paper examines the existing case law concerning attorney-client sexual relationships and the current ethical rules which may be implicated. Because of the inadequacies in the present system, and the serious harm caused to both women clients and the Bar by these inadequacies, I propose changes in how lawyers regulate themselves and how others are compensated for lawyer's sexual misconduct.

Toward A New Ethical Standard Regulating The Private Practice Of Former Government Lawyers, Barbara G. Mance

Golden Gate University Law Review

This comment advocates the elimination of the "appearance of impropriety" as a legal and ethical standard governing the disqualification of former government lawyers and urges the ABA to adopt Rule LIP of the proposed Model Rules of Professional Conduct. Model Rule 1.11, Successive Government and Private Employment, provides a comprehensible, precise ethical rule regulating the post-government practice of lawyers in conformity with federal statute and regulation.

Shadow Lawyering: Nonlawyer Practice Within Law Firms, Paul R. Tremblay

Indiana Law Journal

Lawyers commonly associate with nonlawyers to assist in their performance of lawyering tasks. A lawyer cannot know with confidence, though, whether the delegation of some tasks to a nonlawyer colleague might result in her assisting in the unauthorized practice of law, because the state of the law and the commentary about nonlawyer practice is so confused and incoherent. Some respected authority within the profession tells the lawyer that she may only delegate preparatory matters and must prohibit the nonlawyer from discussing legal matters with clients, or negotiating on behalf of clients. Other authority suggests that the lawyer may delegate a …

Rethinking Atticus Finch, Peter Zwick

Case Western Reserve Law Review

No abstract provided.

Foreword: The Ethics Of Lawyers In Government, Roy Simon

Hofstra Law Review

This special symposium issue of the Law Review features six different articles on legal ethics, culled from three different sources—Hofstra Law School’s 2009 Legal Ethics Conference, the 2009-2010 Lichtenstein Lecture, and a fascinating essay by Professor Monroe Freedman, my treasured friend and colleague at Hofstra. In this

Foreword, I will say some words about each source.

Lawyering In The Supreme Court, Paul D. Clement

Hofstra Law Review

No abstract provided.

A Second Chance At Justice: Why States Should Adopt Aba Model Rules Of Professional Conduct 3.8(G) And (H), Michele K. Mulhausen

University of Colorado Law Review

Prosecutors, defense attorneys, jurists, and citizens alike cringe at the thought of their fellow citizens serving criminal sentences for crimes that they did not commit. Unfortunately, evidence sometimes emerges after conviction that would exonerate the defendant. As a result, in February 2008, the American Bar Association adopted two amendments, (g) and (h), to the existing Model Rule 3.8, which governs the conduct of prosecutors. The two amendments place an affirmative duty on prosecutors to investigate "new, credible and material evidence." If the evidence creates a "reasonable likelihood" that the convicted defendant did not commit the crime, the prosecutor must "seek …