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Legal Ethics and Professional Responsibility Commons™
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Articles 1921 - 1950 of 2026
Full-Text Articles in Legal Ethics and Professional Responsibility
Unauthorized Practice Of Law--The Full Service Bank That Was: Bank Cashier Enjoined From Preparing Real Estate Mortgages To Secure Bank Loans, Maxwell P. Barret Jr.
Unauthorized Practice Of Law--The Full Service Bank That Was: Bank Cashier Enjoined From Preparing Real Estate Mortgages To Secure Bank Loans, Maxwell P. Barret Jr.
Kentucky Law Journal
No abstract provided.
The Constitutionality Of Restrictions On Poverty Law Firms: A New York Case Study., Michael Botein
The Constitutionality Of Restrictions On Poverty Law Firms: A New York Case Study., Michael Botein
Articles & Chapters
Government-funded poverty law firms are presently providing essential legal services to poor people throughout the country. These firms have met with varying responses from the bar and the courts. In this article, Professor Botein examines the response of New York's Appellate Division, First Department-a comprehensive set of regulations governing the practice of law by poverty law firms. After analyzing these regulations and the constitutional issues they raise, the author concludes that both procedurally and substantively there is strong doubt concerning their validity.
Student Practice-Limited Appearances In Court By Third Year Law Students
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.
Tardiness Of Attorneys As Contempt Of Court, Thomas L. Esper
Tardiness Of Attorneys As Contempt Of Court, Thomas L. Esper
Cleveland State Law Review
Tardiness of an attorney is a violation of the Cannons of Professional Ethics. A continual disregard of the canons of ethics constitutes misconduct or moral turpitude. Misconduct or moral turpitude are grounds for disbarment. Just as clearly, tardiness of an attorney is punishable as contempt of court. Contempt of court is viewed as a criminal conviction, since the contemner is subject to fines and imprisonment. Contempt of court, if sufficiently repeated, is ground for disbarment.
State Disbarment Proceedings And The Privilege Against Self-Incrimination, Jack C. Chilingirian
State Disbarment Proceedings And The Privilege Against Self-Incrimination, Jack C. Chilingirian
Buffalo Law Review
No abstract provided.
Trade Association Offering Legal Services - A Possibility For Small Corporations, Robert R. Hussey
Trade Association Offering Legal Services - A Possibility For Small Corporations, Robert R. Hussey
Cleveland State Law Review
Small corporations generally belong to a trade association which allows them to increase their proficiency in and knowledge of their industry. As a possible solution to the problem of increasing legal service requirements this paper investigates the suitability of allowing these trade associations to provide legal services to member corporations.
Labor Union Group Legal Service For Members, Eugene Green
Labor Union Group Legal Service For Members, Eugene Green
Cleveland State Law Review
The right of associations to provide their members with legal services appears to be as broad as the freedom of assembly and discussion protected by the First and Fourteenth Amendments. These freedoms "are not confined to any field of human interest" and are of the same dimension in matters of local or national interest.
Group Law Services In Patent Law, G. Franklin Rothwell
Group Law Services In Patent Law, G. Franklin Rothwell
Cleveland State Law Review
If group legal services are to pervade the field of patent law, and in view of the UMW case and the activities of the unregistered patent practitioners, that I suspect is imminent, the most stringent safeguards should be specifically set forth, including the following: specific approvaland regulation by the Patent Office of the group, its modus operandi,and the patent practitioners participation; and stringent restrictions by the Patent Office of the groups' advertising and promotional activities, both written and outside the group. The Patent Office now has statutory authority to regulate registered practitioners, and some regulation could be accomplished in this …
Pragmatic Approach To Problems Of Group Law Practice, Herschel Kriger
Pragmatic Approach To Problems Of Group Law Practice, Herschel Kriger
Cleveland State Law Review
United Mine Workers of America, District 12 v. Illinois State Bar Association, is one of the latest in a line of holdings which have demonstrated that areas heretofore considered by the Bar as sacrosanct unto itself or the state courts are not immune from re-evaluation. That decision, rendered on December 5, 1967, was not unexpected in the light of the pronouncements of the Supreme Court in NAACP v. Button, and Railroad Trainmen v. Virginia Bar Association, and the process is likely to continue.
Emily Post Goes To Court, Vincent S. Dalsimer
Emily Post Goes To Court, Vincent S. Dalsimer
Cleveland State Law Review
After a few years of observing attorneys from the other side, rather than the other end, of the counsel table, I have concluded that courtroom etiquette is the most rapidly declining of all of the social or professional graces. Perhaps this is because the fine points of the art are essentially trivia. Perhaps, on the other hand, the laudable modern trend away from the rigidity of procedure and the pre-trial sanctity of the opposing side's theory of the lawsuit has been carried to the point of dropping the facade of courtesy along with the penetration of the shield of the …
Elliott E. Cheatham: His Contributions To A Developing Sense Of Professional Responsibility, Robert E. Mathews
Elliott E. Cheatham: His Contributions To A Developing Sense Of Professional Responsibility, Robert E. Mathews
Vanderbilt Law Review
It may not, after all, be difficult to be a nunc pro tunc prophet, but it takes real imagination to think of it. Hindsight is quite another matter; all of us are constantly explaining how a better decision years ago would have made for a happier world today. But to think in 1947 of assuming oneself to have been prophesying in 1897 as to what would be the state of affairs fifty years thence reveals an imaginative gift of some magnitude. Not only does it offer a sure-fire guaranty of accuracy of prediction, but also it dramatizes the fallibility of …
Legal Aid In North Carolina, Jerry Dee Moize
Legal Aid In North Carolina, Jerry Dee Moize
West Virginia Law Review
No abstract provided.
Human Attitudes In Appalachia, Jack E. Weller
Human Attitudes In Appalachia, Jack E. Weller
West Virginia Law Review
No abstract provided.
A Conservative Rationale For The Legal Services Program, Earl Johnson Jr.
A Conservative Rationale For The Legal Services Program, Earl Johnson Jr.
West Virginia Law Review
No abstract provided.
Legal Services And The Legal Establishment, Eugene F. Mooney
Legal Services And The Legal Establishment, Eugene F. Mooney
West Virginia Law Review
No abstract provided.
The Law, Lawyers And Appalachia, Harry M. Caudill
The Law, Lawyers And Appalachia, Harry M. Caudill
West Virginia Law Review
No abstract provided.
A Legal Services Program For West Virginia: Introduction, David G. Hanlon
A Legal Services Program For West Virginia: Introduction, David G. Hanlon
West Virginia Law Review
No abstract provided.
Wisconsin Judicare, Joseph F. Preloznik
Wisconsin Judicare, Joseph F. Preloznik
West Virginia Law Review
No abstract provided.
Attorney--The Fifth Amendment And Disbarment Proceedings, Patrick David Deem
Attorney--The Fifth Amendment And Disbarment Proceedings, Patrick David Deem
West Virginia Law Review
No abstract provided.
Lawyer's Role In Resistance, Michael E. Tigar
Lawyer's Role In Resistance, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Attorney-Client-Client's Right To Engage Out-Of-State Attorney For Advice Concerning Federal Claim Is A Privilege And Immunity Of National Citizenship--Spanos V. Skouras Theatre Corp., Michigan Law Review
Attorney-Client-Client's Right To Engage Out-Of-State Attorney For Advice Concerning Federal Claim Is A Privilege And Immunity Of National Citizenship--Spanos V. Skouras Theatre Corp., Michigan Law Review
Michigan Law Review
The state and federal courts, existing side by side within the boundaries of each state, separately control admission to practice law before their respective bars. Although membership in a state bar is generally a prerequisite for admission to the bar of a federal court, the two systems do function under separate and distinct ground rules, and they appear to have done so with a minimum of friction. However, the principal case is indicative of the problems that may arise when state policy on the right to practice law within the state conflicts with federal policy.
Unauthorized Practice Of Law-Union Program Of Hiring Attorneys Is Unauthorized Practice Of Law--Illinois State Bar Ass'n V. United Mine Workers Of America, Michigan Law Review
Unauthorized Practice Of Law-Union Program Of Hiring Attorneys Is Unauthorized Practice Of Law--Illinois State Bar Ass'n V. United Mine Workers Of America, Michigan Law Review
Michigan Law Review
District 12 of the United Mine Workers (UMW) employed an attorney on a salary basis to prosecute members' claims under the Workmen's Compensation Act. Members were free to employ other counsel, but if they sought help from the union lawyer, the union agreed not to interfere with the attorney-client relationship. The attorney prepared his case from filed reports of the accidents, and, generally, his first contact with the union member was when they appeared before the Commission. Since the attorney was compensated by the union, the entire amount received in award or settlement went to the member. The Illinois Bar …
Attorneys--Self-Incrimination--The Attorney's Privilege Against Self-Incrimination In A Disbarment Proceeding, Michigan Law Review
Attorneys--Self-Incrimination--The Attorney's Privilege Against Self-Incrimination In A Disbarment Proceeding, Michigan Law Review
Michigan Law Review
A state court has jurisdiction to deal with the alleged misconduct of attorneys practicing before it either explicitly by statute or by ' virtue of its power to control the conduct of its own affairs. Indeed, it can suspend or disbar an attorney who fails to maintain the standard of conduct established for members of the legal profession. One aspect of such a standard is that an attorney is bound not to obstruct the administration of justice, a duty which imposes upon him an affirmative obligation to cooperate with the courts. The question frequently arises whether, in order to satisfy …
Attorney And Client--Acts Of Real Estate Broker Constitutiong Unauthorized Practice Of Law, K. Paul Davis
Attorney And Client--Acts Of Real Estate Broker Constitutiong Unauthorized Practice Of Law, K. Paul Davis
West Virginia Law Review
No abstract provided.
Legal Ethics And The Poverty Program, Kenneth D. Korosec
Legal Ethics And The Poverty Program, Kenneth D. Korosec
Cleveland State Law Review
This paper has attempted to reconcile the neighborhood legal services plan with the existing Canons of Professional Ethics.The prime argument is that the plan provides benefits to society, and that the Canons were designed to prevent evils far different from the questions presented by the project. This is the fundamental issue: whether the canons are merely bent, or, in reality, broken. In either event, the canons should not prevent justice for those too poor to pay for a lawyer. The"redeeming social interest" spoken of by the Court in obscenity cases and the "overriding social importance" talked about in social legislation …
Solicitation By And For Attorneys, Richard R. Gygli, Gordon W. Larson
Solicitation By And For Attorneys, Richard R. Gygli, Gordon W. Larson
Cleveland State Law Review
The young attorney often may have time on his hands. He may be tempted to increase his following by advertising or by soliciting clients, but rules of the bar and statutes against solicitation prevent this. There are, of course, some forms of advertising open to all lawyers. National directories and law lists, such as the Martin dale-Hubbell Law Directory, theoretically published only for lawyers, not only advertise the attorney and his firm, but also list the names of any clients whom he wishes to give as representative of his practice and his specialties.
Meeting Of Special Committee On Evaluation Of Ethical Standards, American Bar Association
Meeting Of Special Committee On Evaluation Of Ethical Standards, American Bar Association
American Bar Association Historical Documents on Ethics
Transcript of the December 3-4, 1965 meeting held in Austin, TX.
Scientific Eclat And Technological Change: Some Implications For Legal Education, George T. Frampton
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.
The Unauthorized Practice Of Law: A Public Relations Problem, Carl Howell Jr.
The Unauthorized Practice Of Law: A Public Relations Problem, Carl Howell Jr.
Kentucky Law Journal
No abstract provided.
Split Loyalty: An Ethical Problem For The Criminal Defense Lawyer, Gerald S. Gold
Split Loyalty: An Ethical Problem For The Criminal Defense Lawyer, Gerald S. Gold
Cleveland State Law Review
Nowhere in law do ethical considerations play a greater part or come into greater conflict than in the defense of those accused of crime. The lawyer defending an accused owes a duty to his client, a duty to society, and a duty to the court. The duties to each are not completely clear and when the various loyalties conflict, fair, safe, and moral resolutions are most difficult.