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Articles 1 - 18 of 18
Full-Text Articles in Law
Big Data & Litigation: Analyzing The Expectation Of Lawyers To Provide Big Data Predictions When Advising Clients, Siegfried Fina, Irene Ng (Huang Ying)
Big Data & Litigation: Analyzing The Expectation Of Lawyers To Provide Big Data Predictions When Advising Clients, Siegfried Fina, Irene Ng (Huang Ying)
Indian Journal of Law and Technology
This article intends to provide a background of big data and law, and to provide insights on the interaction between professional legal ethics and big data analytics, i.e. whether a lawyer can be disciplined for failing to use big data analytics in litigation cases. While most references in this article will be made to developments in the US legal technology/legal industry scene, this article will also provide a short segment on general developments of big data and law in the developing world. Ultimately, this article hopes to shed light on what litigators may expect from the use of this technology …
Lawyers As Caregivers, Paula Schaefer
Lawyers As Caregivers, Paula Schaefer
St. Mary's Journal on Legal Malpractice & Ethics
This Article argues that clients—much like patients in a healthcare setting—need their lawyers to be caregivers. The Article opens by developing a definition of caregiving in medicine and law. It then turns to five key components of caregiving in medicine, explaining the substantial research that this care is crucial for patient satisfaction, trust, and healing. Medical educators have drawn on this research to better prepare medical professionals to be excellent caregivers. The Article then explores the evidence that an attorney’s clients have the same needs and suffer similar harm when attorneys fail to meet these needs. Next, the Article turns …
Daubert/Kumho Tire And The Legal Malpractice Expert Witness, Warren R. Trazenfeld, Robert M. Jarvis
Daubert/Kumho Tire And The Legal Malpractice Expert Witness, Warren R. Trazenfeld, Robert M. Jarvis
St. Mary's Journal on Legal Malpractice & Ethics
In legal malpractice cases, parties almost always end up using expert witnesses. Whether a particular legal malpractice expert is qualified to testify often is a hotly contested issue. In this Article, the authors provide recommendations for how to qualify a legal malpractice expert and how to challenge a legal malpractice expert’s qualifications.
Judged By The (Digital) Company You Keep: Maintaining Judicial Ethics In An Age Of Likes, Shares, And Follows, John Browning
Judged By The (Digital) Company You Keep: Maintaining Judicial Ethics In An Age Of Likes, Shares, And Follows, John Browning
St. Mary's Journal on Legal Malpractice & Ethics
Just like lawyers, judicial use of social media can present ethical pitfalls. And while most scholarly attention has focused on either active social media conduct by judges (such as posting or tweeting) or on social media “friendships” between judges and others, this Article analyses the ethical dimensions of seemingly benign judicial conduct on social media platforms, such as following a third party or “liking,” sharing, or retweeting the online posts of others. Using real-world examples, this Article analyses how even such ostensibly benign conduct can create the appearance of impropriety and undermine public confidence in the integrity and impartiality of …
Patients, Corporate Attorneys, And Moral Obligations, Ioan-Radu Motoarcă
Patients, Corporate Attorneys, And Moral Obligations, Ioan-Radu Motoarcă
St. Mary's Journal on Legal Malpractice & Ethics
There are two main questions that any account of corporate lawyers’ moral obligations needs to answer: (1) Do corporate lawyers have moral obligations to third parties? and (2) In cases of conflict between obligations to the corporation and obligations to third parties, which should prevail? This Article offers answers to these questions in the context of lawyers working in medical corporations. I argue that lawyers do have moral obligations to third parties, and that in cases where patients’ rights are being violated by a medical company, patients’ rights should prevail. Consequently, attorney–client confidentiality rules should be relaxed to allow for …
The Foundational Skill Of Reflection In The Formation Of A Professional Identity, Neil W. Hamilton
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 Sale Of Law Practice In Texas: The Need For A Rule, Ryan Hagens
The Sale Of Law Practice In Texas: The Need For A Rule, Ryan Hagens
St. Mary's Journal on Legal Malpractice & Ethics
Abstract forthcoming.
The Fate Of Comment 8: Analyzing A Lawyer's Ethical Obligation Of Technological Competence, Lisa Z. Rosenof
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.
"Breathing Space To Survive"--The Missing Component Of Model Rule 8.4(G), Margaret Tarkington
"Breathing Space To Survive"--The Missing Component Of Model Rule 8.4(G), Margaret Tarkington
Hofstra Law Review
The article focuses on American Bar Association (ABA) adopted Model Rule of Professional Conduct 8.4(g), which confront the issues that harassment and discrimination. It mentions state bars are somehow oblivious to the serious problems of discrimination and harassment in nation, the growing national outcry against such, or the impediment that discrimination and harassment can be to the working of justice.
Aba Model Rule 8.4(G), Discriminatory Speech, And The First Amendment, Bruce A. Green, Rebecca Roiphe
Aba Model Rule 8.4(G), Discriminatory Speech, And The First Amendment, Bruce A. Green, Rebecca Roiphe
Hofstra Law Review
The article focuses on American Bar Association (ABA) adopted Model Rule of Professional Conduct 8.4(g), for incivility might be used as a disciplinary standard to restrict lawyers' constitutionally protected speech. It mentions rule targets unlawful behavior including racial discrimination and sexual harassment, as well as some bad conduct that may otherwise be lawful and that might be hard to reach under existing rules, but that plainly should be sanctioned.
Anti-Discrimination Ethics Rules And The Legal Profession, Micahel Ariens
Anti-Discrimination Ethics Rules And The Legal Profession, Micahel Ariens
Hofstra Law Review
The article focuses on goals of the rules of ethics applicable to lawyers from the American Bar Association's (ABA's) 1908 Canons of Professional Ethics, through its 1983 Model Rules of Professional Conduct. It mentions efforts are a response to the ABA's adoption in 2016 of Model Rule 8.4(g), an anti-discrimination (and anti-harassment) rule. It also mentions harassment or discrimination on the basis of race, sex, religion, and national origin.]
Pennsylvania Lawyers Behaving Badly: Is 8.4(G) A Solution?, Ellen Brotman, Amy Coco
Pennsylvania Lawyers Behaving Badly: Is 8.4(G) A Solution?, Ellen Brotman, Amy Coco
Hofstra Law Review
The article focuses on American Bar Association (ABA) adopted Model Rule of Professional Conduct 8.4(g), broadening the definition of attorney misconduct. It mentions affirmative rules or comments to Rule 8.4(d)2 that already reflected these values, few states defined attorney misconduct to include discrimination and sexual harassment. It also mentions Greenberg v. Haggerty, a federal court declared that the rule violated the First Amendment.
See Something; Say Something: Model Rule 8.4(G) Is Not Ok, William Hodes
See Something; Say Something: Model Rule 8.4(G) Is Not Ok, William Hodes
Hofstra Law Review
The article focuses on American Bar Association (ABA) adopted Model Rule of Professional Conduct 8.4(g), which confront the issues that harassment and discrimination. It mentions ABA House of Delegates placed—for the first time—a direct and enforceable prohibition against discrimination and harassment by lawyers into the black-letter text of the Model Rules. It also mentions anti-discrimination and anti-harassment principles from the comments to the directly enforceable black-letter text.
Judicial Ethics In The Confluence Of National Security And Political Ideology: William Howard Taft And The “Teapot Dome” Oil Scandal As A Case Study For The Post-Trump Era, Joshua E. Kastenberg
Judicial Ethics In The Confluence Of National Security And Political Ideology: William Howard Taft And The “Teapot Dome” Oil Scandal As A Case Study For The Post-Trump Era, Joshua E. Kastenberg
St. Mary's Law Journal
Political scandal arose from almost the outset of President Warren G. Harding’s administration. The scandal included corruption in the Veterans’ Administration, in the Alien Property Custodian, but most importantly, in the executive branch’s oversight of the Navy’s ability to supply fuel to itself. The scandal reached the Court in three appeals arising from the transfer of naval petroleum management from the Department of the Navy to the Department of the Interior. Two of the appeals arose from President Coolidge’s decision to rescind oil leases to two companies that had funneled monies to the Secretary of the Interior. A third appeal …
Ethical Limits On Promising To Pay An Adverse Award Of Attorney’S Fees Against One’S Client, Chase C. Parsons
Ethical Limits On Promising To Pay An Adverse Award Of Attorney’S Fees Against One’S Client, Chase C. Parsons
St. Mary's Journal on Legal Malpractice & Ethics
Abstract forthcoming.
Chief Loophole Officer Or Chief Legal Officer: Inside Lehman Brothers—A Film Case Study About Corporate And Legal Ethics, Garrick Apollon
Chief Loophole Officer Or Chief Legal Officer: Inside Lehman Brothers—A Film Case Study About Corporate And Legal Ethics, Garrick Apollon
St. Mary's Journal on Legal Malpractice & Ethics
This Article discusses the continuing legal education (CLE) visual advocacy documentary-style program, which Garrick Apollon (author of this Article) researched and developed. The case study for this CLE documentary-style program is the film Inside Lehman Brothers—a documentary film by Jennifer Deschamps which chronicles the story of the Lehman whistleblowers. The film presents Mathew Lee, former senior vice president overseeing Lehman’s global balance sheet; Oliver Budde, former in-house counsel (associate general counsel) of the Lehman Brothers; and the racialized female mid-tier manager whistleblowers, who all paid a steep price in the 2008 American subprime mortgage crisis, while many of the …
Lawyers, Mistakes, And Moral Growth, Vincent R. Johnson
Lawyers, Mistakes, And Moral Growth, Vincent R. Johnson
St. Mary's Journal on Legal Malpractice & Ethics
Vincent R. Johnson, professor at St. Mary's University School of Law in San Antonio, Texas, reviews The Man in the Ditch: A Redemption Story for Today by Dallas attorney Mike H. Bassett.
Reasoning About Faith: On The Religious Lawyer, Rakesh K. Anand
Reasoning About Faith: On The Religious Lawyer, Rakesh K. Anand
FIU Law Review
The religious lawyer is an individual who understands his or her religious practice to be a way of life and who, within the context of a commitment to his or her religious practice as such, takes up the professional practice of law. Unquestionably, this individual is worthy of our respect, given the seriousness with which the individual approaches his or her faith. At the same time, it is precisely this seriousness that points us in a direction that is perhaps difficult for many to go. Specifically, because a way of life represents a total activity of the self from which …