Legal Ethics and Professional Responsibility Commons^™

Ethical Discretion In Lawyering, William H. Simon

Faculty Scholarship

In this Article, Professor Simon argues that conventional approaches to legal ethics are too categorical. Rather than operating within a system of formalized ethical rules, he argues, lawyers should exercise judgment and discretion in deciding what clients to represent and how to represent them. In exercising this discretion, lawyers should seek to "do justice." They should consider the merits of the client's claims and goals relative to those of opposing parties and other potential clients. They should also consider the substantive merits of the client's claims and the reliability of the standard legal procedures for resolving the problem at hand. …

The City University Of New York Law School: An Insider's Report, Vanessa Merton

Elisabeth Haub School of Law Faculty Publications

The Law School of the City University of New York ("CUNY") is an experiment in whether it is possible for lawyers to integrate their lives. It is not, primarily, an institution with a somewhat novel, somewhat derivative, approach to legal education (although it is that). It is a place where lawyers try to bridge the gap between love and work, those so often dichotomized constituents of life. At CUNY we are trying simultaneously to equip students for survival in the current legal system and to burden them with a critical perspective on that system; to do and think, to practice …

How Professionals (Including Legal Educators) "Treat" Their Clients, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.

The Restatement Volume 6 No. 2, Touro College Jacob D. Fuchsberg Law Center

Yearbooks and Newsletters

No abstract provided.

The Professional Responsibility Of The Law Professor: Three Neglected Questions, Monroe H. Freedman

Vanderbilt Law Review

Law professors have a great deal to say about the ethics of law practitioners. We write law review articles about lawyers' professional responsibilities, and we have participated in drafting codes of conduct for practicing lawyers.

Many of us bring to that task a significant perspective. We can be both informed about and detached from the pressures of daily practice. We are free of involvement or (worse yet) identification with particular clients. Indeed, in choosing to become law professors, we have made the choice to dissociate ourselves from contact with clients.

Not surprisingly, therefore, most law professors tend to minimize the …

The Professional Responsibility Of The Law Professor: Three Neglected Questions, Monroe H. Freedman

Hofstra Law Faculty Scholarship

Law professors have a great deal to say about the ethics of law practitioners. We write law review articles about lawyers' professional responsibilities, and we have participated in drafting codes of conduct for practicing lawyers.

Many of us bring to that task a significant perspective. We can be both informed about and detached from the pressures of daily practice. We are free of involvement or (worse yet) identification with particular clients. Indeed, in choosing to become law professors, we have made the choice to dissociate ourselves from contact with clients.

Not surprisingly, therefore, most law professors tend to minimize the …

"Understanding...": Processing Information And Values In Clinical Work, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.

Judicial Clerkships And Elite Professional Culture, William H. Simon

Faculty Scholarship

Clerkships have become increasingly prominent in the culture of elite law schools in recent years. More students are seeking clerkships; the application process starts earlier and lasts longer; and the quest seems to generate more anxiety and absorb more energy than in the past.

A Judge’S Advice To Today’S Law Graduates, Roger J. Miner '56

Lawyers and the Legal Profession

No abstract provided.

Law Schools And Professional Responsibility: A Task For All Seasons, Robert M. Ackerman

Law Faculty Research Publications

No abstract provided.

Professional Competence And Social Responsibility: Fulfilling The Vanderbilt Vision, Sandra D. O'Connor

Vanderbilt Law Review

In our laudable attempt to train law students to "think like lawyers" by teaching them legal method, we must not lose sight of the fact that questions of professional responsibility cannot properly be resolved with the same legal framework of analysis. Rather,we must see that as professionals with almost exclusive access to our system of justice, we have moral responsibilities totally outside the scope of the legal rules, and not amenable to analysis in terms of legal method. It is time to return to consideration of the moral and spiritual foundations of our legal system. It is time to train …

David Hoffman's Law School Lectures, 1822-1833, Thomas L. Shaffer

Journal Articles

The Baltimore lawyer and teacher David Hoffman (1784-1854), the father of American legal ethics, was also the first of the systematic American legal educators. He held one of the first appointments in this country as a university law professor (at the University of Maryland, 1814-43) and wrote the first American outline of the study of law. Joseph Story, in a contemporary review of the 1817 Course, called Hoffman's work "an honour to our country[,] . . . by far the most perfect system for the study of the law that has ever been offered to the public. " Chancellor James …

An Analysis Of The Employment Patterns Of Minority Law Graduates, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

This article will discuss the findings of the annual Employment Report of the National Association for Law Placement (NALP) as they relate to the employment patterns of black law school graduates. The NALP surveys provide a reliable and informative picture of legal employment in this country. The survey should prove useful in the development of in-depth instruments to measure career development among black attorneys. This article will present the background and methodology of the Employment Survey in order to aid in the interpretation of the data.

Lawyer Competence And The Law Schools, Roger C. Cramton

University of Arkansas at Little Rock Law Review

No abstract provided.

Student Representation Of Indigent Defendants And The Sixth Amendment: On A Collision Course, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

This article will review the parallel patterns of development of clinical education and the sixth amendment, highlighting areas in which the practices of the former either conflict, or contain the potential for conflict with the latter. An analysis will be made of the present legal status of law student representation of indigent criminal defendants, with reference primarily to constitutional and sixth amendment considerations, but also to such related matters as the confidentiality of student-client communications, law student professional responsibility, and the applicability to students of state bar disciplinary rules. Finally, guidelines will be proposed regarding the proper scope of student …

The Role Of The Law School In The Teaching Of Legal Ethics And Professional Responsibility, Warren E. Burger

Cleveland State Law Review

My thesis is simple and straightforward. Every law school has a profound duty-and a unique opportunity-to inculcate principles of professional ethics and standards in its students. This duty should permeate the entire educational experience beginning with the first hour of the first day in law school.

Love, Professional Responsibility, The Rule Of Law, And Clinical Legal Education, Steven H. Leleiko

Cleveland State Law Review

The primary purpose of this article is to explore the tensions which arise in persons who come to law school because they view the practice of law as an expression of their love and concern for people. In examining the underlying causes of these tensions, six related factors will be looked at: (1) the relationship between the values of traditional legal education and the support or lack of support which these values afford to the affective characteristics of students; (2) the role of one's job as a means of expressing love; (3) the role of job satisfaction in one's life; …

Book Review. Lawyers, Law Students And People By Thomas L. Shaffer And Robert S. Redmount, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

An Approach To The Teaching Of Professional Responsibility To First Year Law Students, C. Paul Rogers Iii.

Faculty Journal Articles and Book Chapters

No abstract provided.

Lawyers And Justice: The Uneasy Ethics Of Partisanship, Harry W. Jones

Villanova Law Review (1956 - )

No abstract provided.

Professional Responsibility: Education And Enforcement, Robert H. Aronson

Articles

The fallout from the Watergate scandals has had a profound effect upon the legal profession because many of the prominent offenders were attorneys. The severity of the conduct involved and the suspicion that the activities publicized represent merely the tip of the iceberg have caused the American Bar Association, state and local bar committees, and law schools to seek new ways of educating prospective lawyers with respect to their ethical duties, and to seek more effective sanctions against ethically deficient attorneys. It is ironic, however, that increased awareness and activity in the area of legal ethics should be motivated by …

Rip-Off Professionalism, Marilyn C. Zilli

IUSTITIA

In the February 1972 issue of PRO SE (National Law Women's Newsletter) an article entitled "Professional Rip-off" criticized the Women's Liberation Movement for producing what the authors call "grasping opportunists," "pleasant, reasonable, charming, and eternally submissive sell-out[s] " (page 4). They are referring to professional women and posit that because, in a capitalist society, professional status is a privilege enjoyed by few, the claim that all women will benefit from an improvement in the status of professional women could not be farther from the truth (page 4): "Instead of making women more 'equal,' the new female professionals make themselves more …

Manners, Morals And Legal Education, Thomas Ehrlich

Articles by Maurer Faculty

Many spokesmen for the legal profession have been calling on the law schools to pay more attention to ethical responsibilities, usually meaning manners and civility. But many of today's law students believe that the profession is not meeting some of its public responsibilities. When that problem is squarely faced, with the law schools' help, then good manners should follow.

Student Practice-Limited Appearances In Court By Third Year Law Students

University of Richmond Law Review

The practice of law as it is known to our legal system has been a closely guarded institution since its development in England during the Middle Ages. In the fourteenth and fifteenth centuries the legal profession became organized and obtained the monopoly of legal work it still enjoys today. Even before the end of the thirteenth century, it was generally recognized that although a litigant could personally appear and argue in his own behalf, the party represented by a lawyer, who was an expert in the law and its language, would have a decided advantage over his opponent.

Professional Responsibility Of The Civil Practitioner: Teaching Legal Ethics In The Contracts Course, Monroe H. Freedman

Hofstra Law Faculty Scholarship

In two earlier papers I have written about the professional responsibility of the attorney in criminal practice. Surprisingly, a number of intelligent and experienced lawyers have suggested that problems of the same kind and complexity do not arise, at least with the same frequency, in the work of the civil practitioner. This is a serious misconception, although there are certainly important differences in the civil practitioner's role. For example, unlike the criminal defense lawyer, the civil practitioner does not have the same problems relating to the presumption of innocence, the constitutional right to counsel, and the constitutional privilege against self-incrimination.? …

Scientific Eclat And Technological Change: Some Implications For Legal Education, George T. Frampton

Michigan Law Review

The law-trained man has frequently been viewed as faced toward the past and preoccupied with precedent, form, words, technicalities, and money. Well might such a man be the fitting product of an educational diet of moldering appellate case opinions taken Socratically with a few crusts of casebook "notes" and classroom lapses into lecture. This is not a man for the season of scientific successes or for a society transformed by technological change.

Honor Code, Indiana University Maurer School Of Law

Historic Documents

A student code of honor, created by the student body of the Indiana University School of Law, circa 1957.

Also attached are two copies of Dean Leon H. Wallace's memo titled, "Notice of Faculty Consideration of the Proposed Honor Code," dated December 16, 1957. One is a carbon copy of the memo, the other a mimeograph copy, but not a copy of the first.

The Responsibilities Of Our Law Schools To The Public And The Profession, Arthur T. Vanderbilt

Journal of Legal Education

No abstract provided.

Propriety Of Law Review Comment On Pending Cases

Washington and Lee Law Review

No abstract provided.

Education For Professional Responsibility, Michigan Law Review

Michigan Law Review

A Review of EDUCATION FOR PROFESSIONAL RESPONSIBILITY. Pittsburgh: Carnegie Press.