Legal Ethics and Professional Responsibility Commons^™

Lawyers, Clients, And Mediation , Jacqueline Nolan-Haley

Faculty Scholarship

That the growth of mediation practice is changing the practice of law is obvious. The inability of many lawyers to understand the conceptual differences between adversarial lawyering and mediation practice strongly suggests the need to develop a theory of "good" representational mediation practice that takes into account competing client interests. On the one hand, lawyers must encourage client voice and participation. At the same time, however, the demands of professionalism require that lawyers guide their clients toward responsible decisionmaking. Representational lawyering in mediation may involve a number of distinct and traditional lawyering functions-- client counseling, negotiation, evaluation and advocacy. In …

A Post-Conference Reflection On Separate Ethical Aspirations For Adr's Not-So-Separate Practitioners, John Q. Barrett

Faculty Publications

At "The Lawyer's Duties and Responsibilities in Dispute Resolution" Symposium at South Texas College of Law, Oct. 25, 1996, a central topic of discussion was ADR's ethical separateness. There was a shared sense that ADR providers and practitioners confront a range of ethical issues that differ from those that confront non-ADR lawyers. On this view, because rules of professional responsibility are geared toward more adversarial forms of legal practice, they at best provide no answers and may provide wrong answers to ethical questions that arise in ADR. One solution would be to create new, separate, "role-specific" ethics rules for ADR …

Theory And Experience In Constructing The Realitonship Between Lawyer And Client: Representing Women Who Have Been Abused, Ann Shalleck

Scholarly Articles in Law Reviews & Journals

No abstract provided.

On Living One Way In Town And Another Way At Home, Thomas L. Shaffer

Journal Articles

The title of this Lecture is from Harper Lee's novel To Kill a Mockingbird. The occasion for the proposition is when the smalltown southern gentleman-lawyer Atticus Finch is given an opportunity to lie to protect his son from harm. He refuses. He says that the most important thing he has for his son is not protection but integrity. He says, "I can't live one way in town and another way in my home. "

The separation of town from home is an old one in the history of lawyers in America. When you trace the nineteenth-century development of legal ethics, …

Game Theory And Nonrefundable Retainers: A Response To Professors Croson And Mnookin, Lester Brickman, Lawrence A. Cunningham

Articles

In the inaugural issue of the Harvard Negotiation Law Review, Professors David Croson and Robert Mnookin attempt a game-theoretic defense of the nonrefundable retainer. A nonrefundable retainer is an attorney fee arrangement that requires a client to pay her lawyer a specified dollar amount in advance and entitles the lawyer to keep the fee even if he does no work. For nearly a decade, we have argued that nonrefundable retainers are unethical as a matter of professional responsibility and unenforceable as a matter of law. In the last few years, numerous courts have evaluated the enforceability of these agreements, choosing …

Supreme Court Pronouncements On The Conduct Of Lawyers, Ruth Bader Ginsburg

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

A New Direction In Attorney Advertising: Florida Bar V. Went For It, Inc., Kent Harrell

North Carolina Central Law Review

No abstract provided.

Supreme Court Pronouncements On The Conduct Of Lawyers, Ruth Bader Ginsburg

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Clark Memorandum: Fall 1996, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• A Brief Tribute to Dean H. Reese Hansen
• Reenter the Realm of Feelings (Elder Dallin H. Oaks)
• Perception versus Reality (Frederick Mark Geddicks)
• The Charter Class Looks Back (Jonathan Brett Kalstrom)
• Making a Difference (Norman H. Jackson)

Speculating On The Future Of Attorney Responsibility To Nonclients, Barbara Glesner Fines

Faculty Works

No abstract provided.

Rule, Story, And Commitment In The Teaching Of Legal Ethics, Roger C. Cramton, Susan P. Koniak

Cornell Law Faculty Publications

No abstract provided.

Lights, Camera, Litigate: Lawyers And The Media In Canada And The United States, Charles W. Wolfram

Cornell Law Faculty Publications

Drawing on recent high profile cases in Canada and the United States, the author examines the different extent to which lawyers in those two countries comment to the media about ongoing litigation. He investigates various formal constraints upon lawyer comment, such as court-imposed publication bans and rules of professional responsibility. He also looks at the way in which lawyer behavior is attributable to non-formal, cultural determinants.

Aba Regulation Of Contingency Fees: Money Talks, Ethics Walks, Lester Brickman

Articles

No abstract provided.

Rediscovering Discovery Ethics, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

What Complainants Really Expect Of Bar Disciplinary Agencies: Lessons From The Virginia State Bar Complainant Satisfaction Survey, Paula Hannaford-Agor

Popular Media

The majority of lawyer misconduct complaint filings to the Virginia State Bar have to do with behaviors that, while not the ideal of professionalism, fall short of crossing the line into sanctionable misconduct. The VSB had concerns that people not involved with the bar did not understand its disciplinary system and were growing frustrated with its lack of action in response to complaints. To address this concern, it conducted a Complainant Satisfaction Survey that focused on complainants' perceptions of the VSB disciplinary process to measure the level of "consumer satisfaction." This article provides an analysis of the survey results, including …

Legal Ethics And Fugitive Slaves: The Anthony Burns Case, Judge Loring, And Abolitionist Attorneys, Paul Finkelman

Cardozo Law Review

Judges and lawyers seek to enforce and uphold the "law" while also proclaiming an interest in an abstraction we call "justice." As we know, there is often a tension between the two. Consequently, serving the law often means not serving justice. Similarly, often a tension exists between a lawyer's duty both to seek a legal remedy to a problem and to act in the best interests of a client. Activist lawyers can have an agenda that is at odds with members of the class they claim to serve. These two problems are complicated by a third. Lawyers and judges have …

Can A Lawyer Ever Do Right?, Owen M. Fiss

Cardozo Law Review

Jacques Maury and Maurice Gargon were good people, but not good enough. They resisted the harshness of the racial laws of Vichy France but not as fully as they should have. Falling victim to the proclivity of all lawyers, they became ensnared within the technical trappings of the law. They helped individual clients who suffered under the Vichy laws, but are faulted by Richard Weisberg for failing to challenge those laws at a foundational level. Professor Weisberg described the result as grotesque.

The Model Rules Of Professional Conduct: The ‘Pro’ And The ‘Con’, Paula Hannaford-Agor, John M. Levy, Thomas E. Spahn

Popular Media

The Special Committee of the Virginia State Bar to Study the Virginia Code of Professional Responsibility was established by former president Ed Burnette during his administration in 1993. The Committee was requested to examine the Code in its entirety and to suggest any revisions and additions to indi­vidual disciplinary rules. The committee is comprised of prac­titioners with a wide range of civil and criminal expertise, and representatives from academia. After extensive work and discussion. the committee unanimously decided to recommend the adoption of the format of the ABA Model Rules of Professional Conduct, which, among other features, provides for an …

American Principles And The Evolving Ethos Of American Legal Practice, Harrison Sheppard

Loyola University Chicago Law Journal

No abstract provided.

Ethical Commitments, Anthony V. Alfieri

Articles

No abstract provided.

New York Law School Reporter, Vol 11, No. 5 February 1996, New York Law School

Student Newspapers

No abstract provided.

Florida Bar V. Went For It, Inc.: Restricting Attorney Advertising To Preserve The Image Of The Legal Profession, Jodi Vanderwater

Loyola University Chicago Law Journal

No abstract provided.

Mentor, Mercenary Or Melding: An Empirical Inquiry Into The Role Of The Lawyer, Margaret Ann Wilkinson, Peter Mercer, Terra Strong

Loyola University Chicago Law Journal

No abstract provided.

Attorneys: The Hypocrisy Of The Anointed--The Refusal Of The Oklahoma Supreme Court To Extend Antidiscrimination Laws To Attorneys In Bar Disciplinary Hearings, Stephen M. Hines

Oklahoma Law Review

No abstract provided.

Reap What You Sow, Gordon J. Beggs

Law Faculty Articles and Essays

Unfortunately, with the adoption and revision of formal ethics codes, moral teaching has virtually disappeared from American legal ethics. Law professors, generally, do not consider it their responsibility to teach morality, and our profession today lacks a common moral standard. The Judeo-Christian principles expressed in Proverbs, however, provide a timely challenge to lawyers by advocating values that include justice, purity, mercy, honesty and civility.

Attorneys: The Americans With Disabilities Act Should Not Impair The Regulation Of The Legal Profession Where Mental Health Is An Issue, Kelly R. Becton

Oklahoma Law Review

No abstract provided.

The Vaporous And The Real In Former-Client Conflicts, Charles W. Wolfram

Cornell Law Faculty Publications

On Teaching Legal Ethics In The Law Office, Thomas L. Shaffer

Journal Articles

Edward J. Murphy, my teacher, colleague, and friend, was as devoted as anyone at Notre Dame could be, to a Christian law school on this campus. He announced a personal and institutional claim, and he expressed his hope as well, when he told our graduating law class, in 1994, that this is "a school which publicly and without apology proclaims its religious roots."

And he was as interested as anyone could be in identifying those religious roots, and exploring the implications of them for the practice of law at the end of the twentieth century in the United States of …

Jewish Lawyer's Question, The Essay, Russell G. Pearce

Faculty Scholarship

Martin Buber describes the question of how to "affirm" our Jewish identity in the modem world as "the personal Jewish question, the root of all Jewish questions, the question we must discover within ourselves, clarify within ourselves, and decide within ourselves. This essay raises the "Jewish question" for lawyers. First, it explores some reasons why Jewish lawyers answer the question by separating their professional selves from their religious selves. Second, it observes that such an answer is contrary to the perspective-rooted in tradition but also common to the otherwise dissonant streams of Judaism today-that one's Judaism enters every moment of …

Why Hard Cases Make Good (Clinical) Law, Paul D. Reingold

Articles

In 1992, when the University of California's Hastings College of Law decided to offer a live-client clinic for the first time, its newly hired director had to make several decisions about what form the program should take.1 The first question for the director was whether the clinic should be a single-issue specialty clinic or a general clinic that would represent clients across several areas of the law. The second question, and the one that will be the focus of this essay, was whether the program should restrict its caseload to "easy" routine cases or also accept non-routine, less controllable litigation. …