Legal Ethics and Professional Responsibility Commons^™

Introduction, Anita Bernstein, Marc Galanter, Tanina Rostain

NYLS Law Review

No abstract provided.

How Social Hierarchies Within The Personal Injury Bar Affect Case Screening Decisions, Mary Nell Trautner

NYLS Law Review

No abstract provided.

How The Spider Catches The Fly: Referral Networks In The Plaintiffs’ Personal Injury Bar, Sara Parikh

NYLS Law Review

No abstract provided.

Texas Plaintiffs’ Practice In The Age Of Tort Reform: Survival Of The Fittest — It’S Even More True Now, Stephen Daniels, Joanne Martin

NYLS Law Review

No abstract provided.

Blame It On The Bee Gees: The Attack On Trial Lawyers And Civil Justice, Robert S. Peck, John Vail

NYLS Law Review

No abstract provided.

A Proposal To Use Common Ground That Exists Between The Medical And Legal Professions To Promote A Culture Of Safety, Steven E. Pegalis

NYLS Law Review

No abstract provided.

Building A Better Lawyer Discipline System: The Queensland Experience, Leslie Levin

Faculty Articles and Papers

In many jurisdictions, lawyer-run discipline systems are inefficient, overly lenient and insufficiently responsive to consumer's concerns. Queensland's Legal Profession Act 2004 (Qld) breaks away from that model by moving lawyer discipline out of lawyers' professional associations and into an independent agency. It articulates a decidedly consumer-oriented approach to lawyer discipline and gives Queensland's new Legal Services Commissioner the power to investigate and prosecute all discipline complaints. This article looks at Queensland's recent reforms, and considers how well the new system is meeting its twin goals of consumer protection and traditional lawyer discipline. Using interviews and other data, the article identifies …

Power As A Factor In Lawyers' Ethical Deliberation, Susan Carle

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Story Of Upjohn Co. V. United States: One Man's Journey To Extend Lawyer-Client Confidentiality, And The Social Forces That Affected It, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The attorney-client privilege protects information a client provides an attorney in confidence for the purpose of securing legal advice. But suppose the client is not a person but a corporation and can only speak through its agents and employees. What then are the contours of the privilege? If the corporation's attorney asks an employee for information relating to pending litigation or other legal matters, is the conversation privileged? Some courts said that no communications to a corporate attorney were privileged unless they came from members of the corporate control group, loosely those people who had authority to direct the attorney's …

Pro Se Defendants And The Appointment Of Advisory Counsel, H. Patrick Furman

Publications

This article provides an overview of advisory counsel used to assist pro se criminal defendants, including the appointment and duties of advisory counsel, ethical obligations, and considerations for trial judges and prosecutors.

A Tragedy Of The Common: The Common Interest Rule, Its Common Misuses, And An Uncommon Solution, Nicole Garsombke

Georgia Law Review

Almost every state allows some form of the common interest rule, which protects communications and documents exchanged between attorney, client, and certain third parties from waiver of the attorney-client privilege. This Note is a critique of two important exceptions to privilege waiver, the common interest and coclient rules, and discusses the rationales and justifications for the exceptions, scenarios to which the exceptions apply, and other confusing elements of courts' applications and interpretations.An examination of the common interest and coclient rules in Georgia is provided to give a particular case study of the development and use of these two exceptions. Finally, …

The Teaching Of Legal Ethics: Recent Developments In Ontario, Stephen G.A Pitel

Journal of Legal Education

No abstract provided.

Clark Memorandum: Fall 2005, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Looking Ahead (Scott M. Matheson, Jr.)
• Three Assumptions Lawyers Must Never Make (Brett G. Scharffs)
• Religious Doctrine and the Language of the Law (Derek P. Pullan)
• Faithful Sacrifice (Constance K. Lundberg)

The Professionalism Crisis: How Bar Examiners Can Make A Difference, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.

Incivility And Unprofessionalism On Appeal: Impugning The Integrity Of Judges, Steven Wisotsky

The Journal of Appellate Practice and Process

No abstract provided.

Book Review, Milton C. Regan, Jr.

Journal of Legal Education

No abstract provided.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Counter-Majoritarian Power And Judges' Political Speech, Michael R. Dimino

ExpressO

Canons of ethics restrict judicial campaigning and prohibit sitting judges from engaging in political activity. Only recently, in Republican Party v. White, 536 U.S. 765 (2002), has the Supreme Court addressed the constitutionality of these restrictions, concluding that judicial candidates must be allowed some opportunity to discuss legal and political issues in their campaigns. But White left many questions unanswered about the permissible scope of restrictions on judges’ political activity.

This Article suggests that those questions will be answered not by applying principles of free speech, but by analyzing the opportunities the restrictions provide for independent judicial policy-making. Restrictions on …

Clark Memorandum: Spring 2005, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• The Beginning and the End of a Lawyer (Elder Dallin H. Oaks)
• Jehovah's Code of Civil Justice (John W. Welch)
• Worlds of Joseph Smith
• Happy Anniversary

Who Is The Corporation's Lawyer, Ethan S. Burger

West Virginia Law Review

No abstract provided.

Sarbanes-Oxley Act, Section 307 - The Price Of Accountability: How Will Section 307 Affect The Role Of The Corporate Attorney, Sara B. Smith

West Virginia Law Review

No abstract provided.

The Paper Tiger Of Gideon V. Wainwright And The Evisceration Of The Right To Appointment Of Legal Counsel For Indigent Defendants, Amanda Myra Hornung

Cardozo Public Law, Policy & Ethics Journal

The note examines the disparity between the Sixth Amendment's promise of counsel for indigent defendants and the realities of its implementation, arguing that while landmark cases like Gideon v. Wainwright established the right to appointed counsel in state criminal proceedings, significant gaps remain in ensuring effective representation. The analysis highlights systemic issues such as inadequate funding, excessive caseloads, and limited access to resources, which undermine the fairness of criminal trials. The note advocates for increased funding, reduced caseloads, and clearer standards for effective assistance of counsel to fulfill the constitutional guarantee of equal justice.

The Unwitting Attorney, The Desperate Client, And The Perpetuation Of The New York Power Play: A Proposal To Ban Voluntary Assignments Of Legal Malpractice Claims Via New York General Obligations Law Section 13-101, Rosalie S. Walters

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Reports Of Batson's Death Have Been Greatly Exaggerated: How The Batson Doctrine Enforces A Normative Framework Of Legal Ethics, Laura I. Appleman

ExpressO

In this article, I aim to explain how the Batson procedure enforces a normative framework of legal ethics, a theory which I hope will be of use to both criminal law professors and scholars of legal ethics. Despite many recent prudential attacks against the Batson procedure and the peremptory challenge, I contend that Batson has a largely unarticulated ethical component, one that invokes a lawyer’s professional responsibility. Accordingly, using legal ethics as a lens through which to interpret Batson sheds new light on the doctrine. Batson’s ethical imperative affects the norms of the legal profession itself. By fostering a non-discrimination …

The Ethics Of Cause Lawyering: An Examination Of Criminal Defense Lawyers As Cause Lawyers, Margareth Etienne

ExpressO

Criminal defense attorneys are often motivated by an intricate set of moral and ideological principles that belie their reputations as amoral (if not immoral) “hired guns” who would do anything to get their guilty clients off. Using empirical data from interviews with forty criminal defense attorneys I explore the motivations that inform their decisions to enter the field of criminal defense and the values that influence the manner in which they do their jobs. I conclude that many criminal defense attorneys are in fact cause lawyers who are committed to individual clients but also the “cause” of legal reform in …

Price, Path & Pride: Third-Party Closing Opinion Practice Among U.S. Lawyers (A Preliminary Investigation), Jonathan C. Lipson

ExpressO

This article presents the first in-depth exploration of third-party closing opinions, a common but curious – and potentially troubling -- feature of U.S. business law practice. Third-party closing opinions are letters delivered at the closing of most large transactions by the attorney for one party (e.g., the borrower) to the other party (e.g., the lender) offering limited assurance that the transaction will have legal force and effect.

Hundreds, if not thousands, of legal opinions are delivered every week. Yet, lawyers often complain that they create needless risk and cost, and produce little benefit. Closing opinions thus pose a basic question: …

Licensing And Discipline Of Fiscal Professionals In The State Of Florida: Attorneys, Certified Public Accountants, And Real Estate Professionals, Debra Curtis

Faculty Scholarship

The purpose of this article is to compare the regulation of several professions within the state of Florida. In Florida, attorneys are self-regulated through the Florida Bar. As a branch of the Supreme Court of Florida, The Florida Bar serves as the licensing agency of attorneys within the state. Two other professions--real estate professionals and certified public accountants--in which the public also places fiscal trust and responsibility, are regulated through a different agency, the Department of Business and Professional Regulation. This article seeks to examine and explain the different methods of licensing and regulation between these professional groups and looks …

Federal Court Special Masters: A Vital Resource In The Era Of Complex Litigation, Mark A. Fellows, Roger S. Haydock

William Mitchell Law Review

This article is dedicated to all those who have served as special masters in federal court. After serving as a judicial master, it is easy to believe in the importance of the role in our grand system of justice. After reading this article, we hope it will be clear how vital masters are to everyone receiving fair, just, and expedient civil justice.

Rules Of Or Substantive Law: Who Controls An Individual's Right To Choose A Lawyer In Today's Corporate Environment, 38 J. Marshall L. Rev. 1265 (2005), Joan Colson

UIC Law Review

No abstract provided.

Optrex And The Attorney-Client Privilege: Implications And Potential Significance, 39 J. Marshall L. Rev. 1 (2005), Sandra Liss Friedman, Helena D. Sullivan

UIC Law Review

No abstract provided.