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Articles 1 - 18 of 18
Full-Text Articles in Law
Migrating Lawyers And The Ethics Of Conflict Checking, Paul R. Tremblay
Migrating Lawyers And The Ethics Of Conflict Checking, Paul R. Tremblay
Paul R. Tremblay
Lawyers often leave a practice setting and move to a new practice as their career paths advance or change. The incidence of lawyer migration has increased dramatically in the past decade, as law firms recruit more lateral hires and offer fewer partnership opportunities to their associates. As a lawyer prepares to change employment settings, her prospective new law firm asks her about the clients she has represented in the past. The new law firm must insist on this information, for without it the firm could not screen for possible conflicts of interest. Were the firm to hire a lawyer without …
Rebellious Lawyering, Regnant Lawyering, And Street-Level Bureaucracy, Paul R. Tremblay
Rebellious Lawyering, Regnant Lawyering, And Street-Level Bureaucracy, Paul R. Tremblay
Paul R. Tremblay
This Article explores the professional responsibilities of progressive lawyers representing the poor and disadvantaged. The author argues that lawyers representing the poor are generally good, energetic lawyers committed to social justice and lessening the pain of poverty. Subsequently, the defects found in poverty lawyering are structural, institutional, political, economic, and ethical. Therefore, the author posits that the mission of teachers and practitioners should be to develop practice patterns and proposals that account for the street-level experiences of legal services lawyers on the front lines. By examining the notions of rebellious and regnant lawyering, the author seeks to illuminate how these …
Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay
Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay
Paul R. Tremblay
In this Article, the authors, two clinical law teachers and a social worker teaching in the clinic, wrestle with some persistent questions that arise in cross-professional, interdisciplinary law practice. In the past decade much writing has praised the benefits of interdisciplinary legal practice, but many sympathetic skeptics have worried about the ethical implications of lawyers working with nonlawyers, such as social workers and mental health professionals. Those worries include the difference in advocacy stances between lawyers and other helping professionals, and the mandated reporting requirements that apply to helping professionals but usually not to lawyers. This Article addresses those concerns …
Toward A Community-Based Ethic For Legal Services Practice, Paul R. Tremblay
Toward A Community-Based Ethic For Legal Services Practice, Paul R. Tremblay
Paul R. Tremblay
This Article is concerned with legal services lawyers and how they ethically might allocate their time and resources among their clients. Part I of this Article describes the institutional terrain of legal services practice and introduces the concept of the lawyer as street-level bureaucrat, operating within a complex, high demand human services bureaucracy. Part II discusses the problems inherent in attempts to ration care within a subsidized law practice. The purpose of Part II is to reveal the practice tensions that establishment professional ethics fail to accommodate, and that form an underlying justification for a discussion of triage principles. Part …
Critical Legal Ethics (Review Of Lawyers' Ethics And The Pursuit Of Social Justice: A Critical Reader, Edited By Susan D. Carle), Paul R. Tremblay
Critical Legal Ethics (Review Of Lawyers' Ethics And The Pursuit Of Social Justice: A Critical Reader, Edited By Susan D. Carle), Paul R. Tremblay
Paul R. Tremblay
No abstract provided.
Respondeat Superior: Never Send To Know For Whom The Bell Tolls: It Tolls For Thee, Paul R. Tremblay, J. Charles Mokriski
Respondeat Superior: Never Send To Know For Whom The Bell Tolls: It Tolls For Thee, Paul R. Tremblay, J. Charles Mokriski
Paul R. Tremblay
No abstract provided.
Zeal By All Means, But Only Within The Rules, Paul R. Tremblay, J. Charles Mokriski
Zeal By All Means, But Only Within The Rules, Paul R. Tremblay, J. Charles Mokriski
Paul R. Tremblay
No abstract provided.
Commentary: The Lawyer Is In: Why Some Doctors Are Prescribing Legal Remedies For Their Patients, And How The Legal Profession Can Support This Effort, Paul R. Tremblay, Pamela Tames, Thuy Wagner, Ellen Lawton
Commentary: The Lawyer Is In: Why Some Doctors Are Prescribing Legal Remedies For Their Patients, And How The Legal Profession Can Support This Effort, Paul R. Tremblay, Pamela Tames, Thuy Wagner, Ellen Lawton
Paul R. Tremblay
No abstract provided.
Symposium: Client Counseling And Moral Responsibility, Paul R. Tremblay, Robert F. Cochran Jr., Deborah L. Rhode, Thomas L. Shafer
Symposium: Client Counseling And Moral Responsibility, Paul R. Tremblay, Robert F. Cochran Jr., Deborah L. Rhode, Thomas L. Shafer
Paul R. Tremblay
No abstract provided.
The No-Contact Rule In Massachusetts Post Messing, Paul R. Tremblay
The No-Contact Rule In Massachusetts Post Messing, Paul R. Tremblay
Paul R. Tremblay
No abstract provided.
Moral Activism Manqué, Paul R. Tremblay
Moral Activism Manqué, Paul R. Tremblay
Paul R. Tremblay
Symposium: The Ethics of Litigation
Researching Ethical Issues, Paul R. Tremblay
Researching Ethical Issues, Paul R. Tremblay
Paul R. Tremblay
2002 Supplement to vol. 2
Shared Norms, Bad Lawyers, And The Virtues Of Casuistry, Paul R. Tremblay
Shared Norms, Bad Lawyers, And The Virtues Of Casuistry, Paul R. Tremblay
Paul R. Tremblay
No abstract provided.
The New Casuistry, Paul R. Tremblay
Coherence And Incoherence In Values-Talk, Paul R. Tremblay
Coherence And Incoherence In Values-Talk, Paul R. Tremblay
Paul R. Tremblay
No abstract provided.
Practiced Moral Activism, Paul R. Tremblay
The Role Of Casuistry In Legal Ethics: A Tentative Inquiry, Paul R. Tremblay
The Role Of Casuistry In Legal Ethics: A Tentative Inquiry, Paul R. Tremblay
Paul R. Tremblay
The following essay is a work-in-progress. Professor Tremblay offers his unfinished ideas in this essay in an effort to invite reactions, criticisms, or research suggestions, all of which would aid him in refining his analysis of the subject. By presenting such works-in-progress, the Clinical Law Review seeks to provide a forum for sharing ideas and sparking debate.
Ratting, Paul R. Tremblay