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Articles 211 - 240 of 240

Full-Text Articles in Legal Ethics and Professional Responsibility

Keeping The Faith: A Model Local Ethics Law - Content And Commentary, Mark Davies Jan 1993

Keeping The Faith: A Model Local Ethics Law - Content And Commentary, Mark Davies

Fordham Urban Law Journal

Investigations by the New York Temporary State Commission on Local Government Ethics has revealed serious problems in local government ethics laws. While in large part local officials behave ethically, due to lack of adequate guidance provided by existing local ethics rules, these officials are often perceived as acting unethically. The commission's investigations reveals a long list of commonplace activities by local officials that, while questionable, do not technically violate existing local ethics standards. The Model Local Ethics Law proposed by the commission, which was not seriously considered by the State legislature, would do much to clarify the bounds of ethical …

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Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen Jan 1993

Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen

Faculty Scholarship

Post-New Deal constitutionalism is in search of a theory that justifies judicial intervention on behalf of individual rights while simultaneously avoiding the charge of "Lochnerism."' The dominant historical view dismisses post-bellum substantive due process as an anomalous development in the American constitutional tradition. Under this approach, Lochner represents unbounded protection for economic rights that permitted the judiciary to read laissez faire, pro-business policy preferences into the constitutional text. Today's revisionists have mounted a substantial challenge to the dismissive views of traditionalists. Indeed, some claim Lochner reached the right result, but for the wrong reason. The revisionists characterize substantive due process …

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Lawyers In The Public Service And The Role Of Law Schools, Frank J. Macchiarola, Joseph Scanlon Jan 1992

Lawyers In The Public Service And The Role Of Law Schools, Frank J. Macchiarola, Joseph Scanlon

Fordham Urban Law Journal

Law schools should recognize and maximize their opportunity to work in public service. Law schools have an obligation to recognize a causal link between legal education and value learned through the law school experience and the tremendous effect that this training can have on the community. This essay examines the history of the traditional law school curriculum and poses practical and philosophical suggestions for the improvement of existing course work towards the public good. Next, the essay examines the community beyond the walls of the school as a source of instruction and finally, argues that a more expansive definition of …

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State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank Jan 1992

State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank

Fordham Urban Law Journal

The standards for resolving putative conflicts between federal laws are not always clear, and neither for that matter is the standard for determining what con- stitutes a federal law capable of superseding effect. The technique of setting federal norms of professional conduct on a decentralized basis by borrowing or incorporating state norms is increasingly trouble- some to the extent that the borrowed state norms are disuniform and that they are being put to multiple remedial purposes. Federal legisla- tion preempting state law of professional conduct is conceivable but hardly likely, particularly as the norms are pressed into duty for pur- …

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Rediscovering The Republican Origins Of The Legal Ethics Codes, Russell G. Pearce Jan 1992

Rediscovering The Republican Origins Of The Legal Ethics Codes, Russell G. Pearce

Faculty Scholarship

Many commentators wrongly assume that the hired gun ideal is the foundation of our legal ethics codes. This article explains that this assumption is based on an historical mistake that has consequences for interpreting the modern codes. Judge George Sharswood, the nineteenth century scholar whose work provided the basis for the 1908 A.B.A. Canons of Ethics, had a republican conception that rejected the adversarial ethic in favor of a more nuanced conception that combined loyalty to clients with a thick obligation to the public good that both bounded client representation and required lawyers to provide political leadership. Although the emphasis …

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Jewish Lawyering In A Multicultural Society: A Midrash On Levinson Colloquy, Russell G. Pearce Jan 1992

Jewish Lawyering In A Multicultural Society: A Midrash On Levinson Colloquy, Russell G. Pearce

Faculty Scholarship

When we acknowledge the contradiction between the project's goal and the reality of group influence, we are led to consider the alternative strategy of creating community. Such a strategy would invite lawyers to begin a community dialogue regarding how each of our group identities, and the responses of others to our identities, interfere with our efforts to realize the goal of equal justice. While significant to the understanding of group dynamics, consideration of Jewish lawyering probably has limited value as a predictor of an individual lawyer's professional conduct. The actual and potential influence of Jewishness on lawyering is quite diverse, …

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Foreword: Legal Ethics And Government Integrity, Cyrus Vance Jan 1991

Foreword: Legal Ethics And Government Integrity, Cyrus Vance

Fordham Urban Law Journal

This foreword addresses "the need to uphold and maintain a high level of integrity in both the legal profession and in government." The author discusses the roles of self-regulation and ethical standards for ensuring integrity in the legal and governmental fields. "Public trust and confidence in lawyers and government officials alike require that members of each group strive to maintain the highest ethical standards. This issue of the Urban Law Journal contributes to our thinking about the need for and problems of preserving both government and professional integrity."

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Restoring The Public Trust: A Blueprint For Government Integrity, New York State Commission On Government Integrity Jan 1991

Restoring The Public Trust: A Blueprint For Government Integrity, New York State Commission On Government Integrity

Fordham Urban Law Journal

September 1990 report of the New York State Commission on Government Integrity calling for "sweeping reforms to our laws to safeguard the public sector from the pressures brought to bear by private sector special interests and to reduce the temptation of officials to abuse their trust." In this "blueprint," the Commission identified several aspects of state government requiring legal and ethical reform, including: - campaign finance contribution limits, disclosure requirements, the public funding option, and ineffective enforcement by the State Board of Elections; - political influence in the judicial selection process; - limitations of the Ethics in Government Act; - …

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Integrity And Ethical Standards In New York State Government: Final Report To The Governor, New York State Commission On Government Integrity Jan 1991

Integrity And Ethical Standards In New York State Government: Final Report To The Governor, New York State Commission On Government Integrity

Fordham Urban Law Journal

September 1990 letter from the New York State Commission on Government Integrity to Governor Mario M. Cuomo. “This letter constitutes the final report of the Commission on Government Integrity. The Commission was created by Executive Order 88.1 and directed to examine a wide variety of subjects concerning government integrity in New York State. Since its inception, the Commission has submitted 20 reports containing specific recommendations for reform of New York laws, regulations and procedures. Some of these recommendations can be implemented by executive order; others require action by the New York State Legislature. Most of the recommendations would impose no …

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The Long Process Of Change: The 1990 Amendments To The New York Code Of Professional Responsibility, Marjorie E. Gross Jan 1991

The Long Process Of Change: The 1990 Amendments To The New York Code Of Professional Responsibility, Marjorie E. Gross

Fordham Urban Law Journal

“The purposes of this Article are to describe the significant changes to the 1970 (New York) Code (of Professional Responsibility) and to give a firsthand account of the amendment process. Part I explains the process by which the Appellate Divisions adopt Disciplinary Rules promulgated by the New York State Bar Association. Part II discusses the specific amendments to the 1970 Code which became effective September 1, 1990. Part III summarizes the overall results of the amendments to the Code. “The principal changes reflected in the 1990 Code include: making a lawyer subject to discipline for unlawfully discriminating in the practice …

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Prosecutorial Ethics: The Case For The Per Se Rule, Kara S. Donahue Jan 1991

Prosecutorial Ethics: The Case For The Per Se Rule, Kara S. Donahue

Fordham Urban Law Journal

“The integrity of the legal system is essential to public confidence in government. Without public confidence, the rule of law loses its meaning. The prosecutor is often the most visible participant in the criminal justice system, and thus, even the appearance of impropriety in the prosecutor's behavior erodes the public trust. He has a duty to seek justice and truth, not only to convict. This duty creates a dual role for the prosecutor: he is both an advocate seeking to obtain convictions and a minister of justice attempting to discover the truth. The public expects him to fulfill these functions …

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Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen Jan 1991

Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen

Faculty Scholarship

The exclusionary evidence rules derived from the Fourth, Fifth, and Sixth Amendments continue to play an important role in constitutional criminal procedure, despite the intense controversy that surrounds them. The primary justification for these rules has shifted from an "imperative of judicial integrity" to the "deterrence of police conduct that violates... [constitutional] rights." Regardless of the justification it uses for the rules' existence, the Supreme Court continues to limit their breadth "at the margin," when "the acknowledged costs to other values vital to a rational system of criminal justice" outweigh the deterrent effects of exclusion. The most notable limitation on …

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Reflections On Chairing The New York State Commission On Government Integrity, John D. Feerick Jan 1991

Reflections On Chairing The New York State Commission On Government Integrity, John D. Feerick

Fordham Urban Law Journal

"The New York State Commission on Government Integrity (Commission) was born from a sense of crisis. A series of corruption scandals in New York State, involving officials at all levels of government, produced widespread cynicism and distrust of government and created a perception that unethical, if not illegal, practices were rampant throughout the State. The scandals implicated borough presidents of New York City, political party chairmen, municipal officials, members of the State Legislature, judges and a host of other officials." Following the New York State Commission on Government Integrity's final report to Governor Mario Cuomo in September 1990, Chairman John …

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Zealous Representation Bound: The Intersection Of The Ethical Codes And The Criminal Law, Bruce A. Green Jan 1990

Zealous Representation Bound: The Intersection Of The Ethical Codes And The Criminal Law, Bruce A. Green

Faculty Scholarship

Professional codes adopted by states and based on the Model Rules of Professional Conduct and the Model Code of Professional Responsibility govern lawyers' conduct. The ethical codes, however, fail to address many ethical questions confronting lawyers. In this Article, Professor Bruce Green highlights the ethical codes' weaknesses, particularly as they relate to the conduct of criminal defense attorneys. As he describes, the ethical codes require advocates to represent their clients "zealously," but, at the same time, "within the bounds of the law." When the codes do not proscribe conduct that would advance their clients' causes, conscientious advocates must consider whether …

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Law School's Pro Bono Role: A Duty To Require Student Public Service, Frederick J. Martin Iii Jan 1989

Law School's Pro Bono Role: A Duty To Require Student Public Service, Frederick J. Martin Iii

Fordham Urban Law Journal

The immense legal needs of the indigent are not being met. Pro bono work is the responsibility of every lawyer, but most lawyers do not do any pro bono work. The author argues that law schools have a responsibility not only to nurture student interest in pro bono work but also to develop students’ abilities to provide legal services to the indigent. The author proposes that law schools require students to participate in programs that provide legal services to the poor, either through a private organization or through a clinical program. The author contends that the latter method would be …

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Through A Glass, Darkly: How The Court Sees Motions To Disqualify Criminal Defense Lawyers , Bruce A. Green Jan 1989

Through A Glass, Darkly: How The Court Sees Motions To Disqualify Criminal Defense Lawyers , Bruce A. Green

Faculty Scholarship

Although raised frequently in the lower courts, the question of what the trial judge's role is in conflict-of-interest cases has, for nearly half a century, lurked in the background of the Supreme Court's decisions concerning the scope of a criminal defendant's right to the undivided loyalty of his attorney. Last term, as its conflict-of-interest jurisprudence reached middle age, the Court had the opportunity to articulate its views on that question. In Wheat v. United States, the Court held that a trial judge has discretion to disqualify defense counsel, even over the defendant's objection, if a serious possibility for a conflict …

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Securities Law Fifth Circuit Symposium, Steve Thel Jan 1988

Securities Law Fifth Circuit Symposium, Steve Thel

Faculty Scholarship

The Fifth Circuit decided some important securities cases during the survey period and issued some interesting opinions. Although the court consistently claimed a conservative reliance on precedent and seldom acknowledged making new law, it interpreted some well-established doctrine in surprising ways. The past year's opinions in fraud cases provide guidance in the related areas of reliance, damages, and plaintiff's due diligence. The year also witnessed important developments in the law governing the relationship between brokerage firms and their clients. The most spectacular development in this area during the survey year was the October collapse in security prices. In light of …

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The Ethical Dilemma Of Campaigning For Judicial Office: A Proposed Solution Jan 1986

The Ethical Dilemma Of Campaigning For Judicial Office: A Proposed Solution

Fordham Urban Law Journal

Candidates for judicial office looked to the Canons of Judicial Ethics for the appropriate behavior expected of a candidate during a judicial campaign. Canons 30 and 32 require candidates to remain free from an appearance of influence by those who have contributed to the campaign. The difficulty in complying with the need to raise money and to remain free from the appearance of influence led to the adoption of the Code of Judicial Conduct in 1972. Canon 7B(2) bars candidates from solicitation and acceptance of campaign contributions. The Note examines the ambiguities surrounding Canon 7B(2), and conducts a survey of …

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To Whom Does The Government Lawyer Owe The Duty Of Loyalty When Clients Are In Conflict, William Josephson, Russell G. Pearce Jan 1986

To Whom Does The Government Lawyer Owe The Duty Of Loyalty When Clients Are In Conflict, William Josephson, Russell G. Pearce

Faculty Scholarship

This Article focuses on the continuing debate on the ethical obligations of government lawyers: do government lawyers represent the people or do they represent a client? The Article explains that the dominant conception that government lawyers represent the people actually results in government lawyers representing themselves. After examining alternative approaches to determining the identity of the government lawyer’s client, the Article concludes that only one approach is consistent with both the ethical rules and our republican system of government. The government lawyer’s client properly understood is an elected official or, in certain cases, an agency head with legal authority independent …

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Legal Ethics: Discretion And Utility In Model Rule 1.6, Charles A. Kelbley Jan 1985

Legal Ethics: Discretion And Utility In Model Rule 1.6, Charles A. Kelbley

Fordham Urban Law Journal

No other profession requires practitioners to identify so closely and completely with the interests and confidences of their clients, as in the legal profession. Unlike doctors, priests, rabbis and other professionals, the lawyer is an adviser but also an advocate. Rule 1.6 is a major flaw in the legal profession's history of self-discipline. This rule fails the test of logic because the concept of discretion which it reflects is self-contradictory. This rule is a crude form of utilitarianism and should be reformulated to require disclosure whenever clients have no right to confidentiality and their conduct would constitute unjustified aggression or …

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Remarks Delivered On The Occasion Of The Presentation Of The Fordham Stein Award To Judge Edward Weinfeld, John D. Feerick Jan 1985

Remarks Delivered On The Occasion Of The Presentation Of The Fordham Stein Award To Judge Edward Weinfeld, John D. Feerick

Fordham Urban Law Journal

In the aftermath of a very difficult period for the conscience and reputation of the legal profession, the Fordham Stein Award was endowed for the purpose of providing the profession and society with a sterling example of professional integrity and leadership. The mandate was to search the profession nationwide each year and to select a person whose selfless contribution to the public good exemplified the quiet performance of thousands of others whose dedicated work adds life, vigor and substance to our democracy. In 1985, Fordham Law School awarded the Stein Award to Judge Edward Weinfeld. This article describes the award …

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Address By Judge Edward Weinfeld, Edward Weinfeld Jan 1985

Address By Judge Edward Weinfeld, Edward Weinfeld

Fordham Urban Law Journal

This is a transcript of Judge Edward Weinfeld's acceptance of the 1985 Fordham Stein Award.

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A Case For Increased Disclosure, Deborah Abramovsky Jan 1985

A Case For Increased Disclosure, Deborah Abramovsky

Fordham Urban Law Journal

The confidentiality rule is important but not absolute. An attorney must weigh his obligations to his client against his obligations to the profession and to the community as a whole. Reasonable certainty of the existence of potential danger should create a duty to reveal client secrets, and thus, when an attorney learns of an imminent threat of death or serious bodily harm to a third party from his client, disclosure should be mandatory. This type of limited exception would not interfere with the client's constitutional rights or with the orderly administration of justice. The policy behind such an exception, i.e. …

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A Case For Increased Confidentiality, Abraham Abramovsky Jan 1985

A Case For Increased Confidentiality, Abraham Abramovsky

Fordham Urban Law Journal

The Sixth Amendment right to counsel is a cornerstone of the American legal system. In order to provide effective representation to a client, an attorney must be informed of all the relevant facts, including clients' indiscretions and crimes committed or contemplated by them. To draft effective motions, affidavits, etc., the attorney often needs information that only the client can provide; this same reasoning applies to conducting an effective cross-examination and forming an appropriate trial strategy. In addition, outside the criminal field, an attorney advising a corporate client must also know relevant data. Vital constitutional rights will be lost if lawyers …

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The Confidentiality Rule: A Philosophical Perspective With Reference To Jewish Law And Ethics, Gordon Tucker Jan 1985

The Confidentiality Rule: A Philosophical Perspective With Reference To Jewish Law And Ethics, Gordon Tucker

Fordham Urban Law Journal

Analyzing Rule 1.6 of the Model Rules from a Jewish perspective can help solve some of the conflicts, which have arisen around this particular rule of professional responsibility. In sum, when a lawyer is faced with a potential crime that will likely seriously injury life, limb, or property, an attorney should disclose the information, which he believes will prevent this crime from occurring. While some sources of the confidentiality rule stem from the American legal system, others stem from more general ethical principles. Three such sources of the rule are: the attorney-client contract, the constitutional guarantees stemming from the Fifth …

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Professional Responsibility Issues In International Law Practice , Roger J. Goebel Jan 1981

Professional Responsibility Issues In International Law Practice , Roger J. Goebel

Faculty Scholarship

The present Code of Professional Responsibility (CPR) is essentially geared to guide the conduct of the lawyer as advocate or litigator. It is certainly of assistance to the American international lawyer in establishing guidelines for his conduct, but only of limited assistance since the international lawyer usually serves more as an advisor to, or negotiator for, his clients. In contrast, the recent ABA draft Model Rules of Professional Conduct (MRPC) provide a more useful basis for examination of the international lawyer's ethical responsibilities, as they do in many respects for the corporate or commercial lawyer who assists domestic clients in …

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A Functional Analysis Of The Effective Assistance Of Counsel, A Note, Bruce A. Green Jan 1980

A Functional Analysis Of The Effective Assistance Of Counsel, A Note, Bruce A. Green

Faculty Scholarship

The sixth amendment provides that in all criminal prosecutions the accused shall enjoy the right "to have the Assistance of Counsel for his defence." The Supreme Court has construed this clause to guarantee to criminal defendants the "effective" assistance of counsel performing within a minimum standard of competency. Prevalent lower court interpretations of the right. to effective assistance require a showing that counsel's inadequate performance caused actual prejudice to the defendant's interest in obtaining an acquittal. Because most defendants are unable to demonstrate the actual impact upon the outcome of their trial of an attorney's departure from normal competency, courts …

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A Critique Of Lawyers' Ethics In An Adversary System, William R. Meagher Jan 1976

A Critique Of Lawyers' Ethics In An Adversary System, William R. Meagher

Fordham Urban Law Journal

Monroe Freedman’s book is largely a reiteration of his unorthodox views, previously aired in various law reviews and other professional publications, regarding ethical standards that should govern the conduct of the trial advocate. Since his positions contradict the behavioral principles codified in two publications of the American Bar Association—the Code of Professional Responsibility and the Standards Relating to the Defense Function—the author adopts the apologetic strategy of impugning both the credibility and the viability of these precepts in order to justify his contrary stance and to clear the way for its general acceptance.

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Attorneys Must Not Enter Partnership Agreements Prohibiting Themselves From Representing Former Clients Upon Termination Of Partnership. Dwyer V. Jung, 133 N.J. Super. 343, 336 A.2d 498 (Ch. 1975), Appeal Docketed, No. 3378-74, App. Div., June 18, 1975., Robert L. Schonfeld Jan 1975

Attorneys Must Not Enter Partnership Agreements Prohibiting Themselves From Representing Former Clients Upon Termination Of Partnership. Dwyer V. Jung, 133 N.J. Super. 343, 336 A.2d 498 (Ch. 1975), Appeal Docketed, No. 3378-74, App. Div., June 18, 1975., Robert L. Schonfeld

Fordham Urban Law Journal

Three attorneys entered into a partnership agreement for the practice of law. Their agreement included a provision that assigned the partnership's insurance carrier clients to individual partners upon the termination of the partnership and restricted the partners from doing business with a client designated as that of another partner for a period of five years. Of these insurance carrier clients, 154 were assigned to the defendant while five were allotted to the plaintiffs. After the partnership was dissolved, the plaintiffs sought a judicial accounting. The defendant counterclaimed, contending that the plaintiffs violated the restrictive covenant of the original partnership agreement …

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A Public Citizens’S Action Manual , Lisa H. Blitman Jan 1974

A Public Citizens’S Action Manual , Lisa H. Blitman

Fordham Urban Law Journal

The book proposes that court action should only be used as a last result and offers alternatives. It encourages the citizen to know the truth about various systems in our government and society and offers the reader information that can be used by the action oriented citizen to improve quality of life. Ross urges citizens to fight and become public interest advocates to seek change. Ralph Nader writes the introduction and explains that institutions of government and business are too large and distinct and that with a little help and interest from citizen-activists, government and businesses can be made ot …

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