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Full-Text Articles in Law

An Essay On Teaching Professional Responsibility, L. Ray Patterson Dec 1999

An Essay On Teaching Professional Responsibility, L. Ray Patterson

Northern Illinois University Law Review

There is, I argue, need for a new approach to teaching law students how to become professionally responsible lawyers. The core problem in teaching the professional responsibility course is that it is a course in lawyer's law that treats only the ethical rules and ignores the fact that procedural and malpractice rules are also relevant. If, however, the professional responsibility course becomes a course in lawyer's law, it follows that it must encompass rules of procedure, rules of malpractice, and rules of ethics (which should be identified as what they are, rules of discipline). There is, however, a development that …


Professional Responsibility, James D. Callahan Jul 1999

Professional Responsibility, James D. Callahan

South Carolina Law Review

No abstract provided.


Professional Responsibility, Nina Fields Jul 1999

Professional Responsibility, Nina Fields

South Carolina Law Review

No abstract provided.


Resisting The Current, Stephen L. Pepper May 1999

Resisting The Current, Stephen L. Pepper

Vanderbilt Law Review

The occasion was a faculty lunch with presentations from three members of the local bar. One was a partner at one of the largest and most respected firms in the city. Another was a former student of great ability and charm who had left one of the other large elite firms to form his own small, successful firm. The third, if I recall correctly, practiced with one of the federal agencies. Our purpose was to reinforce contacts with the city's practitioners and learn more concerning their views of contemporary law practice. I remember the two private practitioners more clearly because …


Tax Lawyers, Ethical Obligations, And The Duty To The System, Watson May 1999

Tax Lawyers, Ethical Obligations, And The Duty To The System, Watson

Scholarly Works

Perhaps the most elusive area of law is that of legal ethics. While the term itself is easy to define,' the subject all but defies codification because ethics, or morals (the terms are interchangeable), cannot be encapsulated by or in law. This is because law, in general, contains its own standard of validity on which there is usually clear societal consensus. For example, murder, rape, and theft are morally repugnant universally. Hence, punishment for any of these offenses does not impinge upon religious or individual autonomy because there is no ethical freedom to choose whether or not to engage in …


The Professional And The Liar, Richard H. Underwood Jan 1999

The Professional And The Liar, Richard H. Underwood

Law Faculty Scholarly Articles

Many individuals in society think that all lawyers are liars. Some think lawyers are allowed to lie. Regrettably, some American lawyers apparently think so too. In the United States there has been, and continues to be, a troubling lack of professional consensus when it comes to litigating a case. Indeed, lawyers who are neither corrupt nor insensitive have been accused of arguing that the elicitation of false testimony, and the use of it, is a professional responsibility. Fairness also calls for some acknowledgment that even the most cunning, zealous, and successful of trial lawyers have agonized over such moral choices. …


Living "Top-Down" In A "Bottom-Up" World: Musings On The Relationship Between Jewish Ethics And Legal Ethics, Nancy B. Rapoport Jan 1999

Living "Top-Down" In A "Bottom-Up" World: Musings On The Relationship Between Jewish Ethics And Legal Ethics, Nancy B. Rapoport

Scholarly Works

This article discusses the differences between how Jewish ethics are disseminated and how legal ethics are created, and it walks the reader through some classic examples of the conflicts between the two.


Moral Bankruptcy: Modeling Appropriate Attorney Behavior In Bankruptcy Cases, Nancy B. Rapoport Jan 1999

Moral Bankruptcy: Modeling Appropriate Attorney Behavior In Bankruptcy Cases, Nancy B. Rapoport

Scholarly Works

This essay discusses how important it is for lawyers, especially senior lawyers, to model appropriate behavior so that the newest lawyers learn how best to behave professionally.


Rethinking The Way Law Is Taught: Can We Improve Lawyer Professionalism By Teaching Hired Guns To Aim Better?, W. William Hodges Jan 1999

Rethinking The Way Law Is Taught: Can We Improve Lawyer Professionalism By Teaching Hired Guns To Aim Better?, W. William Hodges

Kentucky Law Journal

No abstract provided.


The Lawyer's Duty To Disclose Material Facts In Contract Or Settlement Negotiations, Nathan M. Crystal Jan 1999

The Lawyer's Duty To Disclose Material Facts In Contract Or Settlement Negotiations, Nathan M. Crystal

Kentucky Law Journal

No abstract provided.


Should Kentucky Impose An Enforceable Duty On Lawyers To Report Other Lawyers' Professional Misconduct?, Parker D. Eastin Jan 1999

Should Kentucky Impose An Enforceable Duty On Lawyers To Report Other Lawyers' Professional Misconduct?, Parker D. Eastin

Kentucky Law Journal

No abstract provided.


Lawyering For Social Change: What's A Lawyer To Do?, Kevin R. Johnson Jan 1999

Lawyering For Social Change: What's A Lawyer To Do?, Kevin R. Johnson

Michigan Journal of Race and Law

This article analyzes two questions that are raised by Professor Yamamoto's provocative article. Part I argues that any significant transformation of the social structure of United States society is far more likely to occur through mass political movements than through litigation. Consequently, advocates of social change, especially those trained in law, should not expect too much reform from the courtrooms. They instead should consider how traditional legal action might complement and encourage-not replace-community activism and political involvement. Put simply, an exclusive focus on litigation will not accomplish fully the desired objective. Part II contends that attorneys' ethical duties to their …


Legal Ethics And A Civil Action, Kevin E. Mohr Jan 1999

Legal Ethics And A Civil Action, Kevin E. Mohr

Seattle University Law Review

This Article shows how A Civil Action can be used to supplement a course in Professional Responsibility. A Civil Action contains many events that can similarly be used to introduce students to ethical dilemmas they will confront when they enter the profession. These events can breathe life into otherwise dry discussions of acceptable ethical behavior as set out in ethical codes. In accord with the Lessons from Woburn Project's goal to make A Civil Action and its associated materials into a powerful teaching tool, the book's events vividly illustrate the ethical parameters within which a lawyer must operate, ethical parameters …


Foreword, Rationing Lawyers: Ethical And Professional Issues In The Delivery Of Legal Services To Low-Income Clients, Bruce A. Green Jan 1999

Foreword, Rationing Lawyers: Ethical And Professional Issues In The Delivery Of Legal Services To Low-Income Clients, Bruce A. Green

Fordham Law Review

No abstract provided.


Recommendations Of The Conference Jan 1999

Recommendations Of The Conference

Fordham Law Review

No abstract provided.


Rendering Legal Assistance To Similarly Situated Individuals, Bruce A. Green, Martha Matthews Jan 1999

Rendering Legal Assistance To Similarly Situated Individuals, Bruce A. Green, Martha Matthews

Fordham Law Review

No abstract provided.


The Use Of Nonlawyers, Derek A. Denckla Jan 1999

The Use Of Nonlawyers, Derek A. Denckla

Fordham Law Review

No abstract provided.


Limited Legal Assistance, Mary Helen Mcneal Jan 1999

Limited Legal Assistance, Mary Helen Mcneal

Fordham Law Review

No abstract provided.


Client/Matter/Case Selection, Matthew Diller Jan 1999

Client/Matter/Case Selection, Matthew Diller

Fordham Law Review

No abstract provided.


The Influence Of Third Parties On The Lawyer-Client Relationship, Stephanie Edelstein Jan 1999

The Influence Of Third Parties On The Lawyer-Client Relationship, Stephanie Edelstein

Fordham Law Review

No abstract provided.


Representation By Private Lawyers, Evan Gourvitz Jan 1999

Representation By Private Lawyers, Evan Gourvitz

Fordham Law Review

No abstract provided.


Representation Within Law School Settings, Ian S. Weinstein Jan 1999

Representation Within Law School Settings, Ian S. Weinstein

Fordham Law Review

No abstract provided.


Assessment Of Systems For Delivering Legal Services, Andy Scherer Jan 1999

Assessment Of Systems For Delivering Legal Services, Andy Scherer

Fordham Law Review

No abstract provided.


Accessing Justice: Are Pro Se Clinics A Reasonable Response To The Lack Of Pro Bono Legal Services And Should Law School Clinics Conduct Them?, Margaret Martin Berry Jan 1999

Accessing Justice: Are Pro Se Clinics A Reasonable Response To The Lack Of Pro Bono Legal Services And Should Law School Clinics Conduct Them?, Margaret Martin Berry

Fordham Law Review

No abstract provided.


A Call To Context: The Professional Challenges Of Cause Lawyering At The Intersection Of Race, Space, And Poverty, John O. Calmore Jan 1999

A Call To Context: The Professional Challenges Of Cause Lawyering At The Intersection Of Race, Space, And Poverty, John O. Calmore

Fordham Law Review

No abstract provided.


Evaluating Effective Lawyer-Client Communication: An International Project Moving From Research To Reform, Clark D. Cunningham Jan 1999

Evaluating Effective Lawyer-Client Communication: An International Project Moving From Research To Reform, Clark D. Cunningham

Fordham Law Review

No abstract provided.


And Justice For All—Including The Unrepresented Poor: Revisiting The Roles Of The Judges, Mediators, And Clerks, Russell Engler Jan 1999

And Justice For All—Including The Unrepresented Poor: Revisiting The Roles Of The Judges, Mediators, And Clerks, Russell Engler

Fordham Law Review

No abstract provided.


Collaboration Between Lawyers And Social Workers: Re-Examining The Nature And Potential Of The Relationship, Paula Galowitz Jan 1999

Collaboration Between Lawyers And Social Workers: Re-Examining The Nature And Potential Of The Relationship, Paula Galowitz

Fordham Law Review

No abstract provided.


From Representing "Clients" To Serving "Recipients": Transforming The Role Of The Iv-D Child Support Enforcement Attorney, Barbara Glesner Fines Jan 1999

From Representing "Clients" To Serving "Recipients": Transforming The Role Of The Iv-D Child Support Enforcement Attorney, Barbara Glesner Fines

Fordham Law Review

No abstract provided.


Nonlawyer Legal Assistance And Access To Justice, Alex J. Hurder Jan 1999

Nonlawyer Legal Assistance And Access To Justice, Alex J. Hurder

Fordham Law Review

No abstract provided.