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Articles 1 - 12 of 12
Full-Text Articles in Law
Advocacy In The Media: The Blagojevich Defense And A Reformulation Of Rule 3.6, Leigh A. Krahenbuhl
Advocacy In The Media: The Blagojevich Defense And A Reformulation Of Rule 3.6, Leigh A. Krahenbuhl
Duke Law Journal
The current ethical rule governing lawyers' interactions with the media applies equally to defense attorneys and prosecutors despite their different roles and responsibilities in the justice system. With a focus on the Blagojevich trial as an example of modern lawyers' interactions with the press, this Note argues for a separate rule governing defense lawyers' extrajudicial speech. Such a rule would recognize an interest in protecting the legitimacy of the justice system and would provide clear standards to guide defense lawyers' advocacy outside of the courtroom. This Note provides an overview of the development of the trial-publicity rules, a glimpse of …
Advising Clients After Critical Legal Studies And The Torture Memos, Milan Markovic
Advising Clients After Critical Legal Studies And The Torture Memos, Milan Markovic
West Virginia Law Review
No abstract provided.
Self-Interest, Public Interest, And The Interests Of The Absent Client: Legal Ethics And Class Action Praxis, Jasminka Kalajdzic
Self-Interest, Public Interest, And The Interests Of The Absent Client: Legal Ethics And Class Action Praxis, Jasminka Kalajdzic
Osgoode Hall Law Journal
Are existing ethical norms adequate to address the realities of class proceedings? In this article, the author explores the premise that current rules of professional conduct are effective when applied to class action praxis. In Part I, she discusses the peculiar features of class proceedings and how they create unique challenges to the ethical conduct of litigation. In Part II, the author confronts a fundamental (and often overlooked) question: Who is the client in a class proceeding to whom ethical duties are owed? Having identified the range of judicial and academic views on the unique dimensions of class actions, she …
Fred Zacharias And A Lawyer's Attempt To Be Guided By Justice: Flying With Harry Potter And Understanding How Lawyers Can Prosecute The People They Represent, Randy Lee
San Diego Law Review
This Article seeks to embrace Professor Zacharias’s call for lawyers to consider more deeply what it means for a lawyer—and here particularly a government lawyer—to do justice. In so doing, it recognizes two parameters that Professor Zacharias wisely established for this task: first, that lawyers need direction that is concrete in how to behave as lawyers; and second, that lawyers can understand “justice,” “fairness,” and “truth” to be amorphous concepts and that lawyers may even attempt to define those terms with equally amorphous words. This Article also recognizes, however, that although justice, fairness, and truth can be reduced to abstraction, …
Zacharias's Prophecy: The Federalization Of Legal Ethics Through Legislative, Court, And Agency Regulation, Daniel R. Coquillette, Judith A. Mcmorrow
Zacharias's Prophecy: The Federalization Of Legal Ethics Through Legislative, Court, And Agency Regulation, Daniel R. Coquillette, Judith A. Mcmorrow
San Diego Law Review
This Article will carry on Professor Zacharias’s profound insights and prophecies by examining the trends in direct regulation of attorneys through federal law, with a particular focus on expanding agency regulation. We will also touch on international trends that draw on federal treaty obligations to implement international norms of attorney conduct.
Behind Closed Doors: Shedding Light On Lawyer Self-Regulation-What Lawyers Do When Nobody's Watching, John Sahl
Behind Closed Doors: Shedding Light On Lawyer Self-Regulation-What Lawyers Do When Nobody's Watching, John Sahl
San Diego Law Review
This Article summarizes Nobody’s Watching. It also examines some of the consequences of failing to enforce ethical rules for lawyer conduct and offers some lessons for future rule development and enforcement. Part III considers some of the academic and practical significance of Nobody’s Watching. The Article concludes by noting that Nobody’s Watching offers academics, lawyers, and regulators a valuable tool to better understand and improve the regulation of the profession.
When Realism And Idealism Collided In Fred Zacharias's Work On The Purposes And Limitations Of Legal Ethics Codes, Ted Schneyer
When Realism And Idealism Collided In Fred Zacharias's Work On The Purposes And Limitations Of Legal Ethics Codes, Ted Schneyer
San Diego Law Review
I look back at one of Fred’s early works, a 1993 article entitled Specificity in Professional Codes: Theory, Practice, and the Paradigm of Prosecutorial Ethics. Specificity concerns the formal characteristics of legal ethics codes rather than the substantive values they embody. That topic might seem dry, but the article is intriguing because it evidences a clash between idealism and realism in Fred’s thinking. Although both strands of thought were prominent in much of Fred’s work, the clash between them was never starker than in Specificity. There, Fred the idealist offered up an elaborate methodology for drafting of legal ethics codes …
Federalizing Legal Ethics, Nationalizing Law Practice, And The Future Of The American Legal Profession In A Global Age, Eli Wald
San Diego Law Review
This Article is organized as a response to Zaharias’s influential paper, revisiting each of his four analytical steps. Following Zacharias, Part II documents the growing nationalization and globalization of law practice, and argues that the transformation of law practice renders the state-based regulation of lawyers ineffective. Part III parts ways with Zacharias’s thesis. It asserts that nationalizing, by federalizing, legal ethics is not warranted by changing practice realities and that, worse, federalizing legal ethics without more will leave some of the most troubling aspects of the transformation of law practice, including client needs, unaddressed. Instead, Part III argues that the …
Three Concepts Of Roles, W. Bradley Wendel
Three Concepts Of Roles, W. Bradley Wendel
San Diego Law Review
There is something distinctive about the law, legal reasoning, and the role of lawyers. That distinctiveness is captured by the idea that normative reasoning by citizens in communities is necessarily aimed at discovering what rights and obligations everyone ought to have, consistent with the interests of other citizens. It is implausible to believe that ordinary moral reasoning is well-suited to working out a scheme of public entitlements that is suited to regulating the interactions among citizens who disagree about what their entitlements ought to be. The law has authority to the extent it enables people to do better than they …
Who’S The Boss?: The Need For Thoughtful Identification Of The Client(S) In Special Education Cases , Yael Zakai Cannon
Who’S The Boss?: The Need For Thoughtful Identification Of The Client(S) In Special Education Cases , Yael Zakai Cannon
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Legal Ethics And Non-Practicing Entities: Being On The Receiving End Matters Too, David Hricik
Legal Ethics And Non-Practicing Entities: Being On The Receiving End Matters Too, David Hricik
Santa Clara High Technology Law Journal
No abstract provided.
Engaged Client-Centered Representation Of The Moral Foundations Of The Lawyer-Client Relationship, Katherine R. Kruse
Engaged Client-Centered Representation Of The Moral Foundations Of The Lawyer-Client Relationship, Katherine R. Kruse
Hofstra Law Review
The field of legal ethics, as we know it today, has grown out of thoughtful, systematic grounding of lawyers’ duties in a comprehensive understanding of lawyers’ roles and the situating of lawyers’ roles in underlying theories of law, morality and justice. Unfortunately, the field of theoretical legal ethics has mostly lost track of the thing at the heart of a lawyers’ role: the integrity of the lawyer-client relationship. The field of theoretical legal ethics has developed in ways that are deeply lawyer-centered rather than fundamentally client-centered. This paper, which was delivered at Hofstra Law School as the Lichtenstein Distinguished Professor …