Legal Ethics and Professional Responsibility Commons^™

Busting The Professional Trust: A Comment On William Simon’S Ladd Lecture, W. Bradley Wendel

Cornell Law Faculty Publications

It is truly an honor to be asked to Comment on the work of William Simon, one of the scholars who has done the most to contribute to the reputation of legal ethics as a field with intellectual rigor and depth, as well as one with significant implications for legal theory generally. The power of his critical faculties is unmatched: the platitudes offered by the organized bar in defense of the dominant view of legal ethics lie in tatters after the sustained assault in the first three chapters of The Practice of Justice. In fact, it can be difficult …

Informal Methods Of Enhancing The Accountability Of Lawyers, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

What Is A Reasonable Attorney Fee? An Empirical Study Of Class Action Settlements, Theodore Eisenberg, Geoffrey P. Miller

Cornell Law Faculty Publications

Determining an appropriate fee is a difficult task facing trial court judges in class action litigation. But courts rarely rely on empirical research to assess a fee’s reasonableness, due, at least in part, to the relative paucity of available information. Existing empirical studies of attorney fees in class action cases are limited in scope, and generally do not control for important variables. To help fill this gap, we analyzed data from all state and federal class actions with reported fee decisions from 1993 to 2002 in which the fee and class recovery could be determined with reasonable confidence.

We find …

How I Learned To Stop Worrying And Love Lawyer-Bashing: Some Post-Conference Reflections, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Rethinking "Like A Lawyer": An Incrementalist's Proposal For First-Year Curriculum Reform, John C. Kleefeld

Journal of Legal Education

No abstract provided.

Conflicts Of Interest Challenges Post Mickens V. Taylor: Redefining The Defendant's Burden In Concurrent, Successive, And Personal Interest Conflicts, Mark W. Shiner

Washington and Lee Law Review

No abstract provided.

Clark Memorandum: Spring 2003, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Be Healers (Elder James E. Faust)
• Escape from the 85th Floor (Victor Guzman)
• Law School: A Sacred Experience (Jane H. Wise)
• Opening Doors (Edward L. Carter)
• Never Again Foundation (Edward L. Carter)

Reason And Authority In Legal Ethics, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Partnerships And Facilitation: Mediators Develop New Skills For Complex Cases, Lela P. Love, Joseph B. Stulberg

Articles

No abstract provided.

Nova Scotia Barristers’ Society V Leahey, Innis Christie, G Wayne Beaton, Charles T. Schafer, David K. Macdonald, Philip J. Star

Innis Christie Collection

he Hearing Panel of the Hearing Subcommittee, empanelled by the Chair of the Hearing Subcommittee in accordance with Regulation 40 of the Nova Scotia Barristers’ Society Regulations (hereafter, "the Regulations") made under the authority in s. 59 of the Barristers and Solicitors Act, R.S.N.S 1989, as am.(hereafter, "the Act") to hear and decide this matter, consisted of:

G. Wayne Beaton, QC

David K. Macdonald

Dr, Charles T. Schafer

Philip J. Star, QC

Innis Christie, QC, Chair

The Panel met to hear evidence and submissions by counsel on July 9, 10, 11 and12, and on August 14, …

Asking The Lost Question: What Is The Purpose Of Law School?, Bethany Rubin Henderson

Journal of Legal Education

No abstract provided.

Regulation Of Lawyers Without The Code, The Rules, Or The Restatement: Or, What Do Honor And Shame Have To Do With Civil Discovery Practice?, W. Bradley Wendel

Cornell Law Faculty Publications

One of the most striking things to notice when "looking back" on the regulation of the legal profession is the relative absence of enforceable legal sanctions for unethical behavior by lawyers. Before the promulgation in 1970 of the ABA's Model Code of Professional Responsibility, regulation of the legal profession was largely a matter of a fraternal body taking care of its own, and occasionally expelling miscreants. Now, of course, there is a complex body of law, enforced by courts and regulatory authorities with overlapping jurisdiction, that governs a substantial amount of the day-to-day activities of lawyers.

The hypothesis I explore …

I Don't Have Time To Be Ethical: Addressing The Effects Of Billable Hour Pressure, Susan Saab Fortney

Faculty Scholarship

This article discusses the unintended consequences of the billable hour derby and suggests changes to address the deleterious effects of increasing billable hour requirements. A brief introduction identifies law firms’ recent tendency to increase the billable hour requirements to fund the heightened salaries of associates. This article analyzes the results from an empirical study focused on the effects of billable hour expectations and firm cultures. Part I generally reviews the study findings. Part II discusses the work and report of the ABA Commission, while Part III indentifies those issues and approaches that the ABA and firm managers should explore. Recognizing …

High Drama And Hindsight: The Llp Shield Post-Anderson, Susan Saab Fortney

Faculty Scholarship

This article explores several disadvantages associated with limited liability partnerships (LLPs) in the wake of the Anderson-Enron debacle. The article explains how conversion to LLP from a traditional partnership may undercut the incentive for partners to devote time and resources to monitoring and risk management activities. Additionally, the article notes that conflicts may arise regarding the payment of debts when a firm, without sufficient malpractice insurance, converts to an LLP. The article delves into the exodus problem caused by the lack of partners’ commitment to the firm. The article also describes the tension between partners over malpractice insurance decisions that …

'What's Love Got To Do With It?' - 'It's Not Like They're Your Friends For Christ's Sake' : The Complicated Relationship Between Lawyer And Client, Robert J. Condlin

Faculty Scholarship

Should lawyers love their clients and try to be their friends? Highly regarded legal scholars have defended the “lawyer-as-friend” analogy in the past, although usually on the basis of a more contractual understanding of friendship than the understanding currently in vogue. These past efforts were widely criticized on a variety of grounds, and after a period of debate, support for the analogy appeared to wane. That is until recently, when other scholars, looking at the topic from a more religious perspective, have asserted a refined version of the friendship analogy as the proper model for lawyer-client relations. It is this …

Lawyers And Domestic Violence: Raising The Standard Of Practice, John M. Burman

Michigan Journal of Gender & Law

Lawyers and judges should be the vanguard of those working to end domestic violence and mitigate its effects, yet they are not. This article is an attempt to change that. It strives to shed some light on the profound effect domestic violence has on law and law practice, as well as the profound effect lawyers and the legal system can have on domestic violence. Part II of this article demonstrates the extent and pervasiveness of domestic violence. Part III describes how domestic violence will affect a lawyer's practice. Part IV provides guidance on what a lawyer should do to determine …

But What Is Their Story?, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.

Turn Up The Volume: The Need For "Noisy Withdrawal" In A Post Enron Society, Ryan Morrison

Kentucky Law Journal

No abstract provided.

Risks And Rewards Of Law Student Volunteer Service: A Supervisor’S Perspective, Julie E. Bennett, Sharon H. Fischlowitz

William Mitchell Law Review

During the 2002 academic year, law students in Minnesota contributed 16,078 pro bono service hours. This level of student pro bono activity is possible only because licensed attorneys take the time to supervise and guide students. Volunteer supervision, a task separate from the practice of law, requires time, patience, and teaching skills, and has no guaranteed outcome. One might conclude that the necessary investment is not worth the effort. However, year after year, supervisors and volunteers continue to give thousands of service hours, providing critical legal services to clients who would otherwise go unrepresented. This essay examines some of the …

The Healing Presence Of Clients In Law School, Angela Mccaffrey

William Mitchell Law Review

William Mitchell College of Law is celebrating the thirtieth anniversary of the Law Clinic. As a beneficiary of clinical legal education at William Mitchell, I write this essay to reflect on the value of clinical legal education to law students, to the clients served, and to the community at large. In my view, clinical legal education is timeless--as valuable to law students today as it was thirty years ago when William Mitchell started its first clinic. Although many things combine to make clinical education valuable, three aspects are particularly noteworthy. First, clinics give law students the chance to represent clients …

The Law School Clinic As A Model Ethical Law Office, Peter A. Joy

William Mitchell Law Review

In this essay, I contend that all clinical teachers should explicitly acknowledge that they are legal ethics and professional responsibility teachers and role models of the “good lawyer” in everything they do. I argue that every in-house clinical teacher should strive to make her clinic a model ethical law office.

In Support Of A Unitary Tenure System For Law Faculty: An Essay, Nina W. Tarr

William Mitchell Law Review

[L]aw faculties are made up of diverse groups of people who contribute to the academic mission in a variety of ways. Given this, there is no reason to isolate one subset--those who teach in the clinic--and treat them differently when it comes to influence, power, autonomy, access to resources, security, or remuneration. In short, to give them a different “status” has become a historical anachronism.

Towards A New Scholarship For Equal Justice, James S. Liebman

William Mitchell Law Review

Over the last thirty years, the legal academy has turned a cold shoulder to the subject matter of this symposium: scholarship for equal justice. I am here to suggest that a thaw may be on the way. By scholarship for equal justice--as distinguished from scholarship about that topic--I mean academic work undertaken for the purpose of improving outcomes for individuals and members of groups who have been systematically held back by their race, sex, poverty, or any other basis for rationing success that our legal system treats with suspicion. With reference to some of my own work and that of …

Legal Scholarship For Equal Justice: Summary Of Panel Discussion, Sam Magavern

William Mitchell Law Review

In 2002, a group of professors, deans, equal justice practitioners, and a Minnesota Supreme Court justice formed a Legal Scholarship for Equal Justice committee (LSEJ) to explore ways to link the work of professors and students to the equal justice issues faced by the bench and bar in our state. Since then, LSEJ has become a formal project of the Minnesota Justice Foundation, a nonprofit group that works at the four Minnesota law schools to integrate public service into the law school experience. So far, LSEJ has created an issues list, a class, and an annual symposium. The issues list …

The Lawyer As Public Citizen: Meeting The Pro Bono Challenge, Irma S. Russell

Faculty Works

This article examines the lawyer’s role as a public citizen through the lens of the professional responsibility to provide pro bono legal services. It explores the evolution and implications of the American Bar Association’s Model Rule 6.1, which defines pro bono service as a professional obligation rather than a discretionary act of charity. The discussion traces the historical foundations of lawyers’ duties to serve the public, the ethical considerations debated by the ABA’s Ethics 2000 Commission, and the tension between voluntary and mandatory service. The article also highlights the practical role of law firms and professional organizations in fostering a …

Almost Pro Bono: Judicial Appointments Of Attorneys In Juvenile And Child Dependency Actions, Barbara Glesner Fines

Faculty Works

No abstract provided.

Should Klansmen Be Lawyers? Racism As An Ethical Barrier To The Legal Profession, Carla Pratt

Faculty Articles

No abstract provided.

Symposium: Client Counseling And Moral Responsibility, Thomas L. Shaffer, Deborah L. Rhode, Paul R. Tremblay, Robert F. Cochran

Journal Articles

One of the most important challenges to lawyers and clients is addressing issues that are not controlled by law. Will the client take steps (legal steps) that will harm other people? Will the officers of a corporation consider the effects of its actions on workers, on consumers, on the community, on the environment? In a divorce, will the client take actions that will harm a child or spouse? What role should the lawyer play regarding these questions? The way lawyers address such issues may do more to determine whether their practice is socially useful or socially harmful than any rule …

Subordinate Lawyers And Insubordinate Duties, Douglas R. Richmond

West Virginia Law Review

No abstract provided.

Our Love-Hate Relationship With Heroic Lawyers, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.