Legal Ethics and Professional Responsibility Commons^™

Simulations In Clinics, Contract Drafting, And Upper-Level Courses, Carole O. Heyward, David M. Epstein, Helen S. Scott, Daniel B. Bogart

Law Faculty Articles and Essays

I teach in a transactional clinic called the Urban Development Law Clinic. In my Clinic, we represent non-profit tax-exempt organizations that engage in real estate, economic, and community development. Some of our clients include Greater Cleveland Habitat for Humanity and Karamu House, which is a theater and community arts center. We serve as general counsel for some clients and provide legal advice on an as needed basis for others. The Clinic provides legal advice on real estate matters, corporate governance, transactions, and tax issues. The complexity of matters that we handle ranges from drafting a code of regulations to representing …

Ethical Issues In Business And The Lawyer's Role, Robert J. Rhee, Carol Morgan, Tamar Frankel, Mark Fagan

UF Law Faculty Publications

The remarks by Professor Rhee "The Stand Alone Course Approach to Teaching Business Ethics," Professor Morgan "Teaching Business Ethics in Transactional Skills Courses: An Integrated Approach," and Professors Tamar Frankel and Mark Fagan "Teaching Business Ethics: A Collaborative Approach" were made at the conference on "Transactional Education: What's Next?" held at Emory University School of Law, June 4, 2010.

Unpacking The Apprenticeship Of Professional Identity And Purpose: Insights From The Law School Survey Of Student Engagement, Carole Silver, Amy Garver, Lindsay Watkins

Articles by Maurer Faculty

Drawing on data from the Law School Survey of Student Engagement, this paper investigates the ways in which law students develop a sense of professional identity and purpose, the third apprenticeship identified by the Carnegie Foundation in its report, Educating Lawyers. The data offer only a first step toward unpacking how students learn about professional identity and purpose. Generally, the findings point to the importance of law school classes for effective learning about legal ethics, and to the role of clinical legal education as a means for deepening the effectiveness of lessons about ethics, professional identity and purpose.

Enforcement Of Law Schools' Non-Academic Honor Codes: A Necessary Step Towards Professionalism?, Nicola A. Boothe-Perry

Journal Publications

As law schools strive to enforce their codes of student conduct, enforcement has called into question the legal standing of the schools, since enforcement affects the fundamental rights of students. Consequently, this Article will address the following question: to what extent can law schools fulfill their responsibility and opportunity to enforce behavioral codes-specifically codes governing non-academic conduct-with a goal of improving professionalism? Through analysis of law schools' enforcement capabilities, this Article will suggest a practical framework by which law schools can promulgate and enforce codes and rules affecting students' non-academic conduct.

Should Law Schools Teach Professional Duties, Professional Virtues, Or Something Else? A Critique Of The Carnegie Report On Educating Lawyers, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Ethical Issues In Business And The Lawyer's Role, Carol Morgan, Robert Rhee, Tamar Frankel, Mark Fagan

Scholarly Works

This is a transcript of a panel discussion on teaching Business Ethics.

The Challenges Of Developing Cross-Cultural Legal Ethics Education, Professional Development, And Guidance For The Legal Professions, Philip Genty

Faculty Scholarship

The broad goal of this paper is to describe the need, and provide a framework, for engaging in cross-cultural conversations among lawyers, law teachers, and others, who are using legal ethics as a vehicle for improving the legal professions and the delivery of legal services. All legal cultures struggle with the question of how to educate students and lawyers to be ethical professionals and how to regulate the legal profession effectively. The purpose of the cross-cultural conversations discussed in this paper would be to develop principles of legal ethics education, professional development, and regulation of the legal professions that can …

Teaching Public Citizen Lawyering: From Aspiration To Inspiration, Mae Quinn

Journal Articles

A longtime social justice activist and clinical professor, Douglas Colbert,2 recently sought information from colleagues across the country3 for the second part of an important project examining a lawyer’s ethical obligation to engage in pro bono work during a time of crisis, such as the aftermath of Hurricane Katrina or 9/11.4 He sent out surveys to learn which schools actually taught the Preamble to the ABA Model Rules of Professional Conduct in ethics or other courses.5 As Professor Colbert’s letter explained, the Preamble states: “A lawyer, as a member of the legal profession, is a representative of clients, an officer …

Opposition To Clinics Tests Attorney-Client Privilege; Students Working On Pro Bono Cases Leave Schools Vulnerable To Confidentiality Challenges, Patrick C. Brayer

Faculty Works

This National Law Journal article draws attention to past attempts by government and private parties to pierce the protections of the attorney client relationship, specifically confidentiality, when it comes to the representation of clients by law school clinics. Several law school clinics and innocence projects have defended themselves against actions by prosecuting attorney offices and opposing parties who have attempted to obtain information that is traditionally protected by state and federal confidentiality rules. Law school clinics, public interest organizations, innocence projects, government agencies and Public Defender organizations can better protect themselves from future attempts by opposing parties to invade the …

A Critical Survey Of The Law, Ethics, And Economics Of Attorney Contingent Fee Arrangements, Adam Shajnfeld

NYLS Law Review

No abstract provided.

'...And The Learners Shall Inherit The Earth': Continuing Professional Development, Life Long Learning And Legal Ethics Education, Richard Devlin, Jocelyn Downie

Articles, Book Chapters, & Popular Press

After many years of debate and resistance the Canadian legal profession is finally accepting that compulsory professional development is a necessity. We argue that as the legal profession begins to design and deliver these programmes it should take into consideration the insights of the educational literature on lifelong learning. By way of a concrete example we explore the ways in which lifelong learning theory can inform the design and delivery of legal ethics education.

The Citizen Lawyer And The Administrative State, Edward Rubin

William & Mary Law Review

No abstract provided.

Not Just Key Numbers And Keywords Anymore: How User Interface Design Affects Legal Research, Julie M. Jones

Cornell Law Faculty Publications

Legal research is one of the foundational skills for the practice of law. Yet law school graduates are frequently admitted to the bar without adequate competence in this area. Applying both information-foraging theory and current standards for optimal web design, Ms. Jones considers, through a heuristic analysis, whether the user interfaces of Westlaw and LexisNexis help or hinder the process of legal research and the development of effective research skills.

The Lawyer As Catalyst Of Social Change, James E. Moliterno

Scholarly Articles

No abstract provided.

Pathway Of Professionalism - The First Day Of Law School At The University Of Idaho, Donald L. Burnett Jr.

Articles

No abstract provided.

Celebrating Clepr’S 40th Anniversary: The Early Development Of The Clinical Legal Education And Legal Ethics Instruction In U.S. Law Schools, J.P. "Sandy" Ogilvy

Scholarly Articles

This article introduces the essays, articles, and remarks celebrating the fortieth anniversary of the establishment of the Council on Legal Education for Professional Responsibility (CLEPR). The Section on Professional Responsibility and Section on Clinical Legal Education of the Association of American Law Schools (AALS) jointly sponsored a half-day program at the 2009 AALS Annual Meeting in San Diego, California, in recognition of the fortieth anniversary of CLEPR and the one hundredth anniversary of the promulgation of the American Bar Association Canons of Professional Ethics, the ABA's first effort at establishing a private law of lawyering to govern its members. After …

Pedagogic Techniques: Multi-Disciplinary Courses, Annotated Document Review, Collaborative Work & Large Groups, Anthony J. Luppino

Faculty Works

No abstract provided.

Measuring The Value Of Collegiality Among Law Professors, Michael L. Seigel, Kathi Miner-Rubino

UF Law Faculty Publications

This article is the last in a trilogy addressing the issue of collegiality among law In the first piece, titled On Collegiality, author Seigel defined professors' "collegiality" and suggested that most law schools have at least one, if not two or three, "affirmatively uncollegial" members of their faculty. Seigel posited that these individuals tend to interfere with the ideal functioning of their institutions by negatively affecting the well-being of their peers. Some readers of On Collegiality questioned the legitimacy of Seigel's cost-benefit analysis. Specifically, they commented that some of the factors Seigel used in his analysis could be empirically measured. …

Against Practice, Anthony V. Alfieri

Articles

No abstract provided.

The Niesig And Nlra Union: A Revised Standard For Identifying High-Level Employees For Ex Parte Interviews, Bran C. Noonan

NYLS Law Review

No abstract provided.

Pitfalls Ahead: A Manifesto For The Training Of Lawyers, Anita Bernstein

Faculty Scholarship

No abstract provided.

Professionalism’S Triple E Query: Is Legal Academia Enhancing, Eluding, Or Evading Professionalism?, Nicola A. Boothe-Perry

Journal Publications

The focus of this Article will be law schools' specific role and responsibility in the propaedeutic instruction of professionalism in the legal community. This article is composed of five sections. Part II of this paper discusses the ubiquitous yet illusory definition of professionalism. Part III addresses the practicing bar's approach to the issue of professionalism, reflecting in Subsection A on the public's perception of lawyers, and discussing in Subsection B the response of the governing bodies to such perception. Part IV highlights the role of legal education in fostering professionalism, discussing in Subsection A the fertile ground for change in …

Globalization And Corporate Social Responsibility: Challenges For The Academy, Future Lawyers, And Corporate Law, Faith Stevelman

Articles & Chapters

Changes in information technology, in combination with changing popular and political opinion (including concern over climate change) are moving the subject of corporate social responsibility ('CSR') to the forefront of policy reform, consumer and investor behavior, and graduate business education. Nevertheless, up to the present, CSR has not thrived within law schools’ curricula, or mainstream graduate or undergraduate programs. First, the subject is too synthetic to fit neatly within the core, established framework of academic subject areas (e.g. history, economics, sociology and management), or law schools’ conventional teaching of corporate, securities, employment, administrative, or environmental law. CSR is relevant to …

Lawyering In The Academy: The Intersection Of Academic Freedom And Professional Responsibility, Peter A. Joy

Scholarship@WashULaw

The legal academy has given little thought to how practicing law within law schools affects professional responsibilities and is different from representing clients in a traditional law firm or how notions of academic freedom affect lawyering in law schools. Yet repeated attempts to interfere with law clinic representation starkly illustrate how lawyering in the academy might be different, under notions of professional responsibility and academic freedom, from other lawyering or typical law teaching.

Scholarship on interference in clinical programs has focused primarily on the impropriety of interference on the institutional autonomy of law schools by those outside the university, such …

Reflections On Recommendation 12, Naiomi Metallic

Reports & Public Policy Documents

This article focuses on the Marshall Commission Report’s specific recommendation for increased representation of racialized persons within the judiciary.

Fitness For Purpose: Mandatory Continuing Legal Ethics Education For Lawyers, Jocelyn Downie, Richard Devlin

Articles, Book Chapters, & Popular Press

The authors argue that if we want lawyers to be fit for the purpose of practicing law, and law societies to be fit for the purpose of regulating in the public interest, then it is incumbent upon the Canadian legal profession to adopt programmes of compulsory legal ethics education (CLEE). In support of this argument the authors: provide several reasons why Canadians might be concerned about the ethical fitness of lawyers and law societies; analyse several arguments both in supporting and resisting CLEE; suggest several strategies for overcoming the ethical indolence of the legal profession; and draw inspiration from recent …

Teaching Business Lawyering In Law Schools: A Candid Assessment Of The Challenges And Some Suggestions For Moving Ahead, Eric J. Gouvin

Faculty Scholarship

As a result of several recent studies and changes in the ABA's Standards for Approval of Law Schools, legal education is paying more attention to skills training for law students. The need to bring the skills and values of business lawyers into the classroom has never been greater, yet there remains a real risk that "skills training" may be skewed in favor of litgation skills, with little emphasis given to transactional practice. This Article assesses some of the obstacles that stand in the way of effective integration of transactional skills into the law school curriculum and offers some concrete suggestions …

The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick

Pace Law Review

No abstract provided.

Teaching Ethics In Context: Wood V. Lucy, Lady Duff-Gordon In The First Year Curriculum, Celia R. Taylor

Sturm College of Law: Faculty Scholarship

More and more attention is being placed on the importance of teaching ethics throughout the law school curriculum. This article focuses on the seminal contracts law case of Wood v. Lucy, Lady Duff-Gordon and demonstrates how it raises numerous ethical issues that can serve as the basis for stimulating discussion, encouraging even first-year law students to understand the importance of ethical thinking and behavior in their education and their careers.

The Core Values Of The Legal Profession For Lawyers Today And Tomorrow, Jonathan Goldsmith

Northwestern Journal of International Law & Business

This Article began life as a speech I gave on the fifth anniversary of the Flemish Bar in Belgium (Orde Van Flaamse Balies) on 24 May 2007. It addresses the changes which are taking place in Europe and elsewhere in the world in relation to the regulation of lawyers, particularly insofar as the core values of the legal profession are concerned.