Law Commons^™

Tax Lawyers, Tax Defiance, And The Ethics Of Casual Conversation, Michael Hatfield

Michael Hatfield

Tax Lawyers, Tax Defiance, and the Ethics of Casual Conversation Tax lawyers routinely navigate politically-charged waters when a tax topic is dropped into conversation. Increasingly, however, tax lawyers are confronted with comments that undermine the authority of the federal tax system itself. These comments may take several forms, including arguments that the income tax is unconstitutional. Regardless of form, this rhetoric differs from legitimate criticisms of the tax system because it encourages non-compliance as either a moral right or a political good . In the current environment, the tax bar should take up the call to be public educators with …

Tax Lawyers, Tax Defiance, And The Ethics Of Casual Conversation, Michael Hatfield

Michael Hatfield

Tax Lawyers, Tax Defiance, and the Ethics of Casual Conversation ABSTRACT Tax lawyers routinely navigate politically-charged waters when a tax topic is dropped into conversation. Increasingly, however, tax lawyers are confronted with comments that undermine the authority of the federal tax system itself. These comments may take several forms, including arguments that the income tax is unconstitutional. Regardless of form, this rhetoric differs from legitimate criticisms of the tax system because it encourages non-compliance as either a moral right or a political good. In the current environment, the tax bar should take up the call to be public educators with …

(Unfair) Advantage: Damocles’ Sword And The Coercive Use Of Immigration Status In A Civil Society, David P. Weber

David P Weber

This article argues that the coercive use of immigration status or “status coercion” in civil proceedings and negotiations is fundamentally unethical and potentially illegal. For attorneys attempting to take advantage of unauthorized immigration status, such conduct very likely violates an attorney's ethical obligations under the Rules of Professional Responsibility and wrongfully takes advantage of an overly vulnerable population. For the judiciary, the article argues for a more proactive approach in maintaining the perception of fairness and justice in civil proceedings for all parties, regardless of immigration status. Additionally, for both legal and lay persons, status coercion may constitute the crime …

(Unfair) Advantage: Damocles’ Sword And The Coercive Use Of Immigration Status In A Civil Society, David P. Weber

David P Weber

This article argues that the coercive use of immigration status or “status coercion” in civil proceedings and negotiations is fundamentally unethical and potentially illegal. For attorneys attempting to take advantage of unauthorized immigration status, such conduct very likely violates an attorney's ethical obligations under the Rules of Professional Responsibility and wrongfully takes advantage of an overly vulnerable population. For the judiciary, the article argues for a more proactive approach in maintaining the perception of fairness and justice in civil proceedings for all parties, regardless of immigration status. Additionally, for both legal and lay persons, status coercion may constitute the crime …

Forward: What Does Balance In Education Mean?, Bruce J. Winick

Journal of Legal Education

No abstract provided.

Curricular Stress, Edward Rubin

Journal of Legal Education

No abstract provided.

Making Stuff Up, Richard H. Underwood

Law Faculty Scholarly Articles

Beginning with an article in this Journal almost thirty years ago, Professor Underwood continues to research and write about legal ethics and litigation. In this Commentary, he offers a witty look at several cases where, in his opinion, the judge allowed improper arguments to the jury.

Ten-Step Guide To Oral Argument For Junior Attorneys, David A. Grenardo

Faculty Articles

Understanding what is necessary to argue effectively is important for junior attorneys to make compelling oral arguments. They must be persuasive, prepared, and precise. By following this 10-step guide, junior attorneys can maximize their opportunity to litigate and represent their clients’ interests.

First, tell the judge why you are there and what you want. Judges are extremely busy and may have hundreds of cases on their docket. Next, anticipate arguments and counterarguments that may be made by the parties and the court. Anticipating potential arguments aids in preparation prior to the hearing. Be responsive and respectful to the judge. Take …

Achieving The Vision Through High Ethical Standards, Sarah E. Bertke

Ohio Valley Regional Student Conference

No abstract provided.

Averting The Captain Vere “Veer”: Billy Budd As Melville’S Republican Response To Plato, Robert E. Atkinson

Robert E. Atkinson Jr.

This article shows how Melville’s Billy Budd, rightly one of law and literature’s most widely studied canonical texts, answers Plato’s challenge in Book X of the Republic: Show how “poets” create better citizens, especially better rulers, or banish them from the commonwealth of reasoned law. Captain Vere is a flawed but instructive version of the Republic’s philosopher-king, even as his story is precisely the sort of “poetry” that Plato should willing allow, by his own republican principles, into the ideal polity. Not surprisingly, the novella shows how law’s agents must be wise, even as their law must be philosophical, if …

Assessing The Foundations Of Neo-Classical Professionalism In Law And Business: Remodeling The Temple, Phase I, Robert E. Atkinson

Robert E. Atkinson Jr.

Both the management of private enterprise and the practice of corporate law must be radically remodeled if they are properly to serve their correlate values: prosperity and justice. In that remodeling, the cornerstone of professional status would be appreciation of the deepest values of our common culture, gained through liberal education in the humanities and social sciences. Lawyers and managers need this appreciation because, under the best available institutional arrangements, they together must actively shape our public world, both in the law and in the market, for the common welfare.

The professional’s requisite cultural appreciation has two essential components, one …

Rethinking Professional Fees In Chapter 11 Cases, Nancy B. Rapoport

Scholarly Works

This article discusses the many ways in which professional fees can spiral out of control in chapter 11 bankruptcy cases and evaluates the possible ways to monitor and control those fees.

Collaborative Lawyers' Duties To Screen The Appropriateness Of Collaborative Law And Obtain Clients' Informed Consent To Use Collaborative Law, John M. Lande, Forrest Steven Mosten

Faculty Publications

Collaborative Law (CL) is an innovative dispute resolution process that offers significant benefits but also poses significant non-obvious risks. This Article provides a systematic analysis of these possible risks as identified in books written by CL experts, CL practice group websites, social science research, and bar association ethics opinions. In CL, the lawyers and clients sign a "participation agreement" promising to use an interest-based approach to negotiation and fully disclose all relevant information. A key element of CL is the "disqualification agreement" signed by parties (and sometimes by attorneys) which provides that both CL lawyers would be disqualified from representing …

Relationships, The Rules Of Professional Conduct And Land Use: Ethical Quagmires For Land Use Attorneys, Patricia E. Salkin

Scholarly Works

This article begins to fill the void by introducing the application of the various Rules of Professional Conduct, as adopted by the specific opining jurisdiction, through a review of the relevant reported opinions of the various committees and sometimes courts, in the land use context. Part I discusses the challenges that arise for lawyers vis-à-vis their clients in the land use context. This is followed by a discussion in Part II of the ethics and professionalism issues that confront lawyers who serve on local boards.

Through Gritted Teeth And Clenched Jaw: Court-Initiated Sanctions In Bankruptcy Opinions, Nancy B. Rapoport

Scholarly Works

This article discusses what types of behavior can trigger a bankruptcy court's initiation of sanctions against an attorney.

Debtor Counsel's Fiduciary Duty: Is There A Duty To Rat In Chapter 11?, Nancy B. Rapoport, C. R. Bowles

Scholarly Works

This article discusses what duties counsel to the debtor-in-possession owe (and to whom they owe these duties) when the debtor-in-possession wants to do something illegal or just plain dumb.

Team Of Rivals? Toward A New Model Of The Corporate Attorney-Client Relationship, David B. Wilkins

Fordham Law Review

No abstract provided.

Navigating The Murky Waters Of Untruth In Negotiation: Lessons For Ethical Lawyers, Deborah A. Schmedemann

Faculty Scholarship

This article answers the following questions: What does the law-both general principles applicable to truthfulness in negotiation and professional responsibility rules- say about this dilemma? What do we know about the practice of truthfulness in lawyer negotiations? What have social scientists learned about deception in negotiations over the last few decades? Finally, what lessons can be drawn for lawyers seeking to behave ethically, as well as for those interested in assisting lawyers navigate the “murky waters of untruth?

The Lesson Of The Irish Family Pub: The Elder Clinic Path To A More Thoughtful Practice, Katherine C. Pearson

Journal Articles

In this article, the Director of the Elder Law Clinic at Pennsylvania State University provides insight into the development of Elder Law as a unique discipline by tracking the history and challenges faced by her program as it approaches ten years of operation. A core focus of the Elder Law clinic, beyond practical experience, is to expose its students to the ethical issues confronted in Elder Law practice. Students in the clinic combine classroom discussions with practical experience representing clients, thereby becoming better prepared for their professional futures, while also gaining appreciation for the special concerns of the elderly client. …

Colorado Legal Ethics: Guide To Resources, Robert M. Linz

Publications

No abstract provided.

Trick Or Treat: The Ethics Of Mediator Manipulation, Jim Coben, Lela P. Love

Articles

Much of what good mediators do can be characterized as “helpful interventions” that assist the parties towards legitimate goals such as a better understanding, a platform for developing options, and (where the parties choose) an agreement or settlement. However, all such “helpful interventions” are inevitably "manipulative," in the sense that the mediator is, often unilaterally, making “moves” with profound impact on the parties’ bargaining. To evaluate the ethics of any individual move, the authors propose asking two questions: 1) does the move further or help a legitimate party or process goal that advances party self-determination in decision-making; and 2) is …

Professionalism Videos, Mary Ann Robinson, Alison Kehner

Mary Ann Robinson

A series of short filmed vignettes to be used to teach law students about concepts of professionalism. They are intended to be used to help our students realize that their careers as lawyers commence in law school, and that they must begin to adopt and emulate standards of professionalism in law school that they will carry with them when they become legal professionals. Choices made now not only impact their professional reputations, but also establish patterns that can serve them for the better or for the worse in practice.

Duty To Report Attorney Misconduct, Luke M. Scheuer

Luke M Scheuer

No abstract provided.

The Moral Responsibility Of The Corporate Lawyer, Judith A. Mcmorrow, Luke M. Scheuer

Judith A. McMorrow

Lawyers traditionally claim that they are not morally accountable for the goals or activities of their clients that are within the bounds of the law. This essay explores this concept of non-accountability in the context of corporate transactional representation. We argue that corporate lawyers, whose practice is forward looking, undertaken on behalf of corporate clients who have legally impaired ability to engage in independent moral reasoning, and who function in a world of relatively minimal legal oversight (i.e. whose work is furthest from the model of the adversary system) cannot persuasively claim that they are not morally responsible for the …