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Articles 1 - 30 of 35
Full-Text Articles in Law
Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson
Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson
Duke Law Journal
Even when related claims are not aggregated by any formal procedural mechanism, the lawyers involved in the separate lawsuits often coordinate their efforts. Such "informal aggregation" raises important questions about the boundaries of a dispute and the boundaries of the lawyer-client relationship. As an ethical matter, the central question is whether a lawyer owes ethical duties to a coordinating lawyer's client. Looking at confidentiality, loyalty, conflicts of interest, and malpractice, Professor Erichson suggests that ethical safeguards for clients of coordinating lawyers are neither strong enough nor explicit enough to provide adequate protection, and the problem inheres in the nature of …
Nihilism Need Not Apply: Law And Literature In Barth's The Floating Opera, Rob Atkinson
Nihilism Need Not Apply: Law And Literature In Barth's The Floating Opera, Rob Atkinson
Scholarly Publications
No abstract provided.
Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller
Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller
Articles in Law Reviews & Other Academic Journals
In recent years, narrative has achieved great prominence in legal scholarship and in much other academic work, although the concept is not new. The legal realists always have emphasized the importance of stories; as long ago as 1941, Karl Llewellyn published case studies of the Cheyenne and their dispute settlement practices. In step with the popularity of narrative in legal scholarship, stories about the individuals behind the legal doctrine are increasingly common. While the terms "narrative" and "story" are sometimes used interchangeably, they are not quite the same thing.
Ethics Issues Faced By Lawyers And Investment Bankers In Mergers And Acquisitions: A Problem Approach And Report Of Panel Discussion, Barry S. Alberts Esq., Samuel Thompson Jr.
Ethics Issues Faced By Lawyers And Investment Bankers In Mergers And Acquisitions: A Problem Approach And Report Of Panel Discussion, Barry S. Alberts Esq., Samuel Thompson Jr.
University of Miami Law Review
No abstract provided.
A Cause Worth Quitting For? The Conflict Between Professional Ethics And Individual Rights In Discriminatory Treatment Of Corporate Counsel, Rachel S. Arnow Richman
A Cause Worth Quitting For? The Conflict Between Professional Ethics And Individual Rights In Discriminatory Treatment Of Corporate Counsel, Rachel S. Arnow Richman
Indiana Law Journal
No abstract provided.
Ready Or Not, Here They Come: Why The Aba Should Amend The Model Rules To Accommodate Multidisciplinary Practices, Bradley G. Johnson
Ready Or Not, Here They Come: Why The Aba Should Amend The Model Rules To Accommodate Multidisciplinary Practices, Bradley G. Johnson
Washington and Lee Law Review
No abstract provided.
Legal Status Of The Lawyer-Director: Avoiding Ethical Misconduct, Stephen M. Zaloom
Legal Status Of The Lawyer-Director: Avoiding Ethical Misconduct, Stephen M. Zaloom
University of Miami Business Law Review
There is a long-standing practice of attorneys accepting positions as corporate directors, roles that to a large degree are indicative of professional accomplishment. Accepting a position on a corporation's board of directors is enticing for lawyers since they may enjoy the opportunity to influence corporate decisions in the business arena. Additionally, lawyers are prime candidates for directorships because they are uniquely qualified to assess business issues from a legal standpoint. In fact, it is common practice both in the past and today for attorneys to assume the dual role of both attorney and director. Corporate clients continuously request that lawyers …
Rule Of Law(Yers), The, Robert F. Cochran Jr.
Rule Of Law(Yers), The, Robert F. Cochran Jr.
Missouri Law Review
In recent years, several lawyers and law professors have written books about the decline of ethical behavior in the legal profession.' They have found that lawyers are more adversarial, less civil, less honest, less concerned with justice, and less happy than in the past.2 Associates are less loyal to firms, and firms are less loyal to associates. 3 Many lawyers lament what the profession has become. They wonder whether they do a good thing. "Can I be a lawyer and a good person?" "Do lawyers add to the misery of the world?"
Pulliam V. Coastal Emergency Services Of Richmond, Inc.: Reconsidering The Standard Of Review And Constitutionality Of Virginia's Medical Malpractice, Elizabeth Keith
Pulliam V. Coastal Emergency Services Of Richmond, Inc.: Reconsidering The Standard Of Review And Constitutionality Of Virginia's Medical Malpractice, Elizabeth Keith
Articles in Law Reviews & Other Academic Journals
Consider the following scenario. A plaintiff is injured in a devastating automobile accident and a jury finds the other driver negligent. As a result of that driver's negligence, the plaintiff is now a quadriplegic. The jury, after careful deliberation and calculation, awards $4.5 million to the plaintiff consisting of both economic damages for past and future medical expenses, as well as non-economic damages for pain and suffering and loss of enjoyment of life. Now consider a similar scenario. The plaintiff is a patient who is injured during a low-risk surgical procedure and a jury finds the surgeon negligent. As a …
The Right Of Attorneys To Unionize, Collectively Bargain, And Strike: Legal And Ethical Considerations*, Laura Midwood, Amy Vitacco
The Right Of Attorneys To Unionize, Collectively Bargain, And Strike: Legal And Ethical Considerations*, Laura Midwood, Amy Vitacco
Hofstra Labor & Employment Law Journal
No abstract provided.
The Group Legal Plan Revolution: Bright Horizon Or Dark Future?, Brian Heid, Eitan Misulovin
The Group Legal Plan Revolution: Bright Horizon Or Dark Future?, Brian Heid, Eitan Misulovin
Hofstra Labor & Employment Law Journal
No abstract provided.
Is Meaningful Regulation Of Lawyers In Multidisciplinary Firms Possible?, Denise D. J. Roy
Is Meaningful Regulation Of Lawyers In Multidisciplinary Firms Possible?, Denise D. J. Roy
Faculty Scholarship
If the legal profession embraces multidisciplinary practice (MDP) and allows fee-sharing with nonlawyers, there is a risk that its values, independence, and professionalism will fall prey to market pressures and control by outsiders. On the other hand, rejecting MDP means risking losing business to the multidisciplinary firms already established. The question is whether there is a compromise that provides meaningful regulation of lawyers practicing in multidisciplinary firms.
The New Law Firm Economy, Billable Hours, And Professional Responsibility, Douglas R. Richmond
The New Law Firm Economy, Billable Hours, And Professional Responsibility, Douglas R. Richmond
Hofstra Law Review
No abstract provided.
Law, Ethics, And Religion In The Public Square: Principles Of Restraint And Withdrawal, Samuel J. Levine
Law, Ethics, And Religion In The Public Square: Principles Of Restraint And Withdrawal, Samuel J. Levine
Scholarly Works
In recent years, scholars have begun to recognize and discuss the profound questions that arise in attempting to determine the place of religion in the law and the legal profession. This discussion has emerged on at least two separate yet related levels. On one level, scholars have debated the place of religion in various segments of the public sphere, including law and politics. On a second level, lawyers have expressed the aim to place their professional values and obligations in the context of their overriding religious obligations. This article explores, from both an ethical and jurisprudential perspective, the question of …
Corporations Practicing Law Through Lawyers: Why The Unauthorized Practice Of Law Doctrine Should Not Apply, Grace M. Giesel
Corporations Practicing Law Through Lawyers: Why The Unauthorized Practice Of Law Doctrine Should Not Apply, Grace M. Giesel
Missouri Law Review
Historically, a doctrine has existed within the area of unauthorized practice of law regulation which holds that a corporation or other entity cannot be licensed to practice law and thus cannot legally practice law. Even if the entity hires as an employee an attorney duly licensed to render the service, the doctrine forbids the attomey from representing any party other than the employer because if the attorney were to represent a third party, the entity, a nonlawyer, would be representing the third party, and this would violate the rule that corporations may not practice law.2 The primary motivating rationale of …
Professional Responsibility: Lawyers, A Case Study, Elizabeth Chambliss
Professional Responsibility: Lawyers, A Case Study, Elizabeth Chambliss
Fordham Law Review
No abstract provided.
Truth And Consequences, Stephen Ellmann
Honor As A Deficient Aspiration For "The Honorable Profession": The Lawyer As Nostromo, Robert F. Cochran, Jr.
Honor As A Deficient Aspiration For "The Honorable Profession": The Lawyer As Nostromo, Robert F. Cochran, Jr.
Fordham Law Review
No abstract provided.
There But For Fortune: Real-Life Vs. Fictional Case Studies In Legal Ethics, Bruce A. Green
There But For Fortune: Real-Life Vs. Fictional Case Studies In Legal Ethics, Bruce A. Green
Fordham Law Review
No abstract provided.
Discrediting The Truthful Witness: Demonstrating The Reality Of Adversary Advocacy, Eleanor W. Myers, Edward D. Ohlbaum
Discrediting The Truthful Witness: Demonstrating The Reality Of Adversary Advocacy, Eleanor W. Myers, Edward D. Ohlbaum
Fordham Law Review
No abstract provided.
What Do You Do When You Meet A Walking Violation Of The Sixth Amendment If You're Trying To Put That Lawyer's Client In Jail, Vanessa Merton
What Do You Do When You Meet A Walking Violation Of The Sixth Amendment If You're Trying To Put That Lawyer's Client In Jail, Vanessa Merton
Fordham Law Review
[A] prosecutor…enters a courtroom to speak for the People and not just some of the People. The prosecutor speaks not solely for the victim, or the police, or those who support them, but for all the People. That body of "The People" includes the defendant and his family and those who care about him
The Story Of Mr. G.: Reflections Upon The Questionability Competent Client, Mark Spiegel
The Story Of Mr. G.: Reflections Upon The Questionability Competent Client, Mark Spiegel
Fordham Law Review
No abstract provided.
Abuse Of Confidentiality And Fabricated Controversy: Two Proposals, John A. Humbach
Abuse Of Confidentiality And Fabricated Controversy: Two Proposals, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
This article is framed as a discussion of two proposals for modifying the Model Rules. One would declare fabricated controversy to be out of bounds as a tactical tool. The other would expressly affirm that it is an abuse of confidentiality for lawyers to engage in strategies of partial-truth advocacy, to assert partial truths while deliberately holding back other information that the lawyer should know is needed in order not to mislead others. Both of these techniques, fabrication of controversy and partial-truth advocacy, tend to undercut the trial as a “search for truth” and both interfere with negotiations as a …
Sacrificial Attorney: Assignment Of Legal Malpractice Claims, The, John M. Limbaugh
Sacrificial Attorney: Assignment Of Legal Malpractice Claims, The, John M. Limbaugh
Missouri Law Review
The Missouri Court of Appeals for the Western District of Missouri ruled, in a case of first impression, that causes of action for legal malpractice are nonassignable. The court found that permitting assignments would be contrary to public policy because assignments would create a marketplace for legal malpractice claims, jeopardize the attorney's duties of loyalty and confidentiality to the client, and restrict access to competent legal services. This Note agrees with the court's result but will explore and challenge the public policy arguments against assignment of legal malpractice claims.
Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin
Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin
Scholarly Works
No abstract provided.
Defending The Innocent, Abbe Smith
Defending The Innocent, Abbe Smith
Georgetown Law Faculty Publications and Other Works
Of the legal scholarship examining the representation of the innocent accused, most has to do with guilty pleas, not trial or post-trial advocacy. Most of this literature is concerned with the pressure put on innocent defendants to plead guilty in order to receive a more lenient sentence than what they would get if found guilty at trial. This problem is compounded by the inability of poor defendants to make bail. Unfortunately, there are other, equally insidious ways to pressure innocent defendants to plead guilty. When addressing the question of defending the innocent at trial or in a post-conviction challenge, most …
Litigators’ Ethics, Michael E. Tigar
Lawyers Amid The Redemption Of The South, Paul D. Carrington
Lawyers Amid The Redemption Of The South, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Is The Rule Of Law Cosmopolitan?, Robin West
Is The Rule Of Law Cosmopolitan?, Robin West
Georgetown Law Faculty Publications and Other Works
What I will argue in the bulk of the paper is that whether or not the rule of law implies ethical cosmopolitanism depends: it depends on how we understand or interpret the legalistic sense of justice that law and the rule of law seemingly require. The virtue that we sometimes call legal justice, and the correlative meaning of the rule of law to which it is yoked, can plausibly be subjected to a range of different interpretations, each resting on quite different understandings of the point of law and of what the individual law is meant to protect. Some of …
In Hell There Will Be Lawyers Without Clients Or Law, Susan P. Koniak, George M. Cohen
In Hell There Will Be Lawyers Without Clients Or Law, Susan P. Koniak, George M. Cohen
Faculty Scholarship
Class action abuse is a particularly interesting area in which to explore both when and why law might fail to affect lawyer conduct and the complexity of the lawyer-entity relationship. By class action abuse, we have in mind three related problems: collusive settlements, inadequate representation of class interests, and payoffs to objectors and their counsel. The law condemns collusive settlements and the lawyers who make them.20 It demands that class counsel adequately represent the class.21 Paying objectors and their counsel to drop their challenges to class settlements is, at best, legally questionable behavior and, at worst, evidence of …