Open Access. Powered by Scholars. Published by Universities.®
Legal Ethics and Professional Responsibility Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Profession (59)
- Law and Society (34)
- Criminal Law (20)
- Business Organizations Law (16)
- Legal Education (16)
-
- Litigation (15)
- Legal History (13)
- Civil Law (12)
- Judges (10)
- Courts (9)
- Law and Politics (9)
- Criminal Procedure (8)
- Civil Procedure (7)
- Constitutional Law (7)
- Civil Rights and Discrimination (6)
- Dispute Resolution and Arbitration (6)
- Law and Philosophy (6)
- Jurisprudence (5)
- Law and Gender (5)
- Torts (5)
- Comparative and Foreign Law (4)
- Contracts (4)
- Law and Race (4)
- Conflict of Laws (3)
- Immigration Law (3)
- Law and Psychology (3)
- Legal Remedies (3)
- Other Law (3)
- Keyword
-
- Ethics (42)
- Corporate law; corporate lawyers; ethics (11)
- Religion (10)
- Legal ethics (9)
- Professional responsibility (9)
-
- Morals (7)
- Informed consent (6)
- LSC (6)
- Legal Services Corporation (6)
- Medicine (6)
- Professional conduct (6)
- Public interest (6)
- Law Firms (5)
- Professional Responsibility (5)
- Religious lawyers (5)
- Science (5)
- Bioethics (4)
- Catholic (4)
- Confidentiality (4)
- Disclosure (4)
- Law Firm (4)
- Lawyers (4)
- Morality (4)
- Pro Bono (4)
- Profits (4)
- Restrictions (4)
- Attorney-client privilege (3)
- Code of Professional Responsibility (3)
- Conflict of interest (3)
- Criminal law (3)
- Publication Year
- Publication
- Publication Type
Articles 91 - 120 of 240
Full-Text Articles in Legal Ethics and Professional Responsibility
Weaver V. Commonwealth Of Massachusetts, Bruce Green, Russell Pearce
Weaver V. Commonwealth Of Massachusetts, Bruce Green, Russell Pearce
Amicus Briefs
No abstract provided.
A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan S. Fortney
A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan S. Fortney
Fordham Law Review
Using this broad connotation of justice, this Article questions whether many victims of legal malpractice are denied access to justice. In writing about the regulatory function of legal malpractice as a tort, Professor John Leubsdorf argues that legal malpractice relates to three important functions of the law of lawyering: “[D]elineating the duties of lawyers, creating appropriate incentives and disincentives for lawyers in their dealings with clients and others, and providing access to remedies for those injured by improper lawyer behavior.” Arguably, persons injured by lawyer misconduct are denied access to justice if our civil liability system does not provide them …
A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan S. Fortney
A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan S. Fortney
Fordham Law Review
Using this broad connotation of justice, this Article questions whether many victims of legal malpractice are denied access to justice. In writing about the regulatory function of legal malpractice as a tort, Professor John Leubsdorf argues that legal malpractice relates to three important functions of the law of lawyering: “[D]elineating the duties of lawyers, creating appropriate incentives and disincentives for lawyers in their dealings with clients and others, and providing access to remedies for those injured by improper lawyer behavior.” Arguably, persons injured by lawyer misconduct are denied access to justice if our civil liability system does not provide them …
Dishonest Ethical Advocacy?: False Defenses In Criminal Court, Joshua A. Liebman
Dishonest Ethical Advocacy?: False Defenses In Criminal Court, Joshua A. Liebman
Fordham Law Review
This Note examines this dilemma and recent judicial approaches to it. Judges disagree about how guilty criminal defendants should be permitted to mount defenses at trial. Some have forbidden defense counsel from knowingly advancing any false exculpatory proposition. Others have permitted guilty defense attorneys to present sincere or truthful testimony in order to bolster a falsehood. And still others have signaled more general comfort with the idea that an attorney aggressively can pursue an acquittal on behalf of a guilty client. This Note seeks to resolve this issue by parsing the range of false defense tactics available to attorneys and …
See No Fiduciary, Hear No Fiduciary: A Lawyer’S Knowledge Within Aiding And Abetting Fiduciary Breach Claims, Brinkley Rowe
See No Fiduciary, Hear No Fiduciary: A Lawyer’S Knowledge Within Aiding And Abetting Fiduciary Breach Claims, Brinkley Rowe
Fordham Law Review
Fiduciary liability for attorney conduct generally extends only to direct clients of legal services. Over the last few decades, however, the lawyer’s role has expanded. Following this trend, fiduciary liability also has expanded to allow third-party claims in certain limited circumstances. One example is the attorney aiding and abetting a client’s fiduciary breach claim. One of the key requirements for liability under this claim is the attorney’s knowledge of his client’s fiduciary relationship with the third party alleging the breach. Within those jurisdictions that have accepted the claim, there are two approaches to the knowledge element. The first is the …
A Legal And Ethical Puzzle: Defense Counsel As Quasi Witness, Elizabeth Slater
A Legal And Ethical Puzzle: Defense Counsel As Quasi Witness, Elizabeth Slater
Fordham Law Review
The U.S. criminal justice system is built on the concept of an adversarial trial. The defense and prosecution present competing narratives to a neutral audience that judges whether the prosecution has proved its case beyond a reasonable doubt. In this context, defense counsel is expected to be a zealous advocate for the defendant, providing the most effective representation possible in light of the evidence presented by the government. However, there are occasions outside of trial where defense counsel’s traditional role changes and she is asked to disclose, not to the jury, but to the court, personal opinions and knowledge about …
Writing The Rules Of Attorney-Whistleblowing: Who Gets To Decide, And How Do We Make The Decision?, Alex Bein
Writing The Rules Of Attorney-Whistleblowing: Who Gets To Decide, And How Do We Make The Decision?, Alex Bein
Fordham Urban Law Journal
No abstract provided.
Ethics For Examiners, Daniel J. Bussel
Ethics For Examiners, Daniel J. Bussel
Fordham Law Review
The inquisitorial bankruptcy examiner is sui generis in our system. He faces unique ethical quandaries and considerations, which require a code of ethics tailored to his role if he is to achieve fully the promise of improving Chapter 11 through the introduction of inquisitorial investigative methods. This Article attempts to point the way toward guidelines that will regulate the conduct of examiners to mitigate real, potential, and perceived abuses.
Principles, Politics And Privilege: How The Crime-Fraud Exception Can Preserve The Strength Of The Attorney-Client Privilege For Government Lawyers And Their Clients, Michael W. Glenn
Fordham Urban Law Journal
No abstract provided.
A Sum Uncertain: Preserving Due Process And Preventing Default Judgments In Consumer Debt Buyer Lawsuits In New York, Conor P. Duffy
A Sum Uncertain: Preserving Due Process And Preventing Default Judgments In Consumer Debt Buyer Lawsuits In New York, Conor P. Duffy
Fordham Urban Law Journal
No abstract provided.
The Practice Of Law As A Useful Art: Toward An Alternative Theory Of Professionalism, Norman W. Spaulding
The Practice Of Law As A Useful Art: Toward An Alternative Theory Of Professionalism, Norman W. Spaulding
Fordham Urban Law Journal
No abstract provided.
"Professionalism" As Pathology: The Aba's Latest Pollicy Debate On Nonlawyer Ownership Of Law Practice Entities, Ted Schneyer
"Professionalism" As Pathology: The Aba's Latest Pollicy Debate On Nonlawyer Ownership Of Law Practice Entities, Ted Schneyer
Fordham Urban Law Journal
No abstract provided.
The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Vibeke Lehmann Nielson
The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Vibeke Lehmann Nielson
Fordham Urban Law Journal
Professionals working inside companies may bring with them frames of mind set by their professional experience and socialization. Lawyers, in particular, are said to “think like a lawyer”—to have a lawyer cast of mind. In seeking power within a company and in exercising the power that they obtain, professionals may draw on their professional background to frame, name, diagnose, and prescribe a remedy for the company’s problems. In making decisions about their compliance with the law, companies are constrained not only by their environment, but also by their agents’ understanding of whose (or what) interests the company should serve. In …
A History Of Professionalism: Julius Henry Cohen And The Professions As A Route To Citizenship, Rebecca Roiphe
A History Of Professionalism: Julius Henry Cohen And The Professions As A Route To Citizenship, Rebecca Roiphe
Fordham Urban Law Journal
No abstract provided.
Nothing New Under The Sun: How The Legal Profession's Twenty-First Century Challenges Resemble Those Of The Turn Of The Twentieth Century, Russell G. Pearce, Pam Jenoff
Nothing New Under The Sun: How The Legal Profession's Twenty-First Century Challenges Resemble Those Of The Turn Of The Twentieth Century, Russell G. Pearce, Pam Jenoff
Fordham Urban Law Journal
No abstract provided.
Implications Of Globalization For The Professional Status Of Lawyers In The United States And Elsewhere, Nancy J. Moore
Implications Of Globalization For The Professional Status Of Lawyers In The United States And Elsewhere, Nancy J. Moore
Fordham Urban Law Journal
No abstract provided.
In Defense Of The Business Of Law, Judith A. Mcmorrow
In Defense Of The Business Of Law, Judith A. Mcmorrow
Fordham Urban Law Journal
No abstract provided.
The Law: Business Or Profession?: The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine
The Law: Business Or Profession?: The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine
Fordham Urban Law Journal
No abstract provided.
An Entrepreneurial Perspective On The Business Of Being In Our Profession, Steven H. Hobbs
An Entrepreneurial Perspective On The Business Of Being In Our Profession, Steven H. Hobbs
Fordham Urban Law Journal
No abstract provided.
Rehabilitating Lawyers: Perceptions Of Deviance And Its Cures In The Lawyer Reinstatement Process, Bruce Green, Jane Campbell Moriarty
Rehabilitating Lawyers: Perceptions Of Deviance And Its Cures In The Lawyer Reinstatement Process, Bruce Green, Jane Campbell Moriarty
Fordham Urban Law Journal
State courts’ approach to lawyer admissions and discipline has not changed fundamentally in the past century. Courts still place faith in the idea that “moral character” is a stable trait that reliably predicts whether an individual will be honest in any given situation. Although research in neuroscience, cognitive science, psychiatry, research psychology, and behavioral economics (collectively “cognitive and social science”) has influenced prevailing concepts of personality and trustworthiness, courts to date have not considered whether they might change or refine their approach to “moral character” in light of scientific insights. This Article examines whether courts should reevaluate how they decide …
Evolving Standards Of Reasonableness: The Aba Standards And The Right To Counsel In Plea Negotiations, Margaret Colgate Love
Evolving Standards Of Reasonableness: The Aba Standards And The Right To Counsel In Plea Negotiations, Margaret Colgate Love
Fordham Urban Law Journal
The ABA Criminal Justice Standards have been recognized by the Supreme Court as one of the most important sources for determining lawyer competence in right to counsel cases. Because the constitutional test under the Sixth Amendment is whether defense counsel’s performance was “reasonable” under “prevailing professional norms,” the standard of competence is necessarily an evolving one. The Supreme Court's decision in Padilla v. Kentucky underscores the defense bar’s stake in participating in the ABA standard-setting process to guide the development of defense counsel's obligations in plea negotiations. In addition, to the extent the courts give the ABA Standards credence in …
Recovering Judicial Integrity: Toward A Duty-Focused Disqualification Jurisprudence Based On Jewish Law, Shlomo Pill
Recovering Judicial Integrity: Toward A Duty-Focused Disqualification Jurisprudence Based On Jewish Law, Shlomo Pill
Fordham Urban Law Journal
No abstract provided.
In-House Counsel Beware!, Katrice Bridges Copeland
In-House Counsel Beware!, Katrice Bridges Copeland
Fordham Urban Law Journal
No abstract provided.
How Corporate Governance Is Made: The Case Of The Golden Leash, Matthew D. Cain Ph.D., Jill E. Fisch, Sean J. Griffith, Steven D. Solomon
How Corporate Governance Is Made: The Case Of The Golden Leash, Matthew D. Cain Ph.D., Jill E. Fisch, Sean J. Griffith, Steven D. Solomon
Faculty Scholarship
This Article presents a case study of a corporate governance innovation — the incentive compensation arrangement for activist-nominated director candidates colloquially known as the “golden leash.” Golden leash compensation arrangements are a potentially valuable tool for activist shareholders in election contests. In response to their use, several issuers adopted bylaw provisions banning incentive compensation arrangements. Investors, in turn, viewed director adoption of golden leash bylaws as problematic and successfully pressured issuers to repeal them. The study demonstrates how corporate governance provisions are developed and deployed, the sequential response of issuers and investors, and the central role played by governance intermediaries …
Being Good Lawyers: A Relational Approach To Law Practice, Eli Wald, Russell G. Pearce
Being Good Lawyers: A Relational Approach To Law Practice, Eli Wald, Russell G. Pearce
Faculty Scholarship
In response to past generations of debates regarding whether law is a business or profession, we advance an alternative approach that rejects the dichotomies of business and profession, or hired gun and wise counselor. Instead, we propose a relational account of law practice. Unlike frameworks grounded in assumptions of atomistic individualism or communitarianism, a relational perspective recognizes that all actors, whether individuals or organizations, have separate identities yet are intrinsically inter-connected and cannot maximize their own good in isolation. Through the lens of relational self-interest, maximizing the good of the individual or business requires consideration of the good of the …
Prosecutors’ Disclosure Obligations In The U.S., Bruce A. Green, Peter A. Joy
Prosecutors’ Disclosure Obligations In The U.S., Bruce A. Green, Peter A. Joy
Faculty Scholarship
The article offers information on the prosecutor's discovery disclosure obligation in the U.S. Topics discussed include efforts of defense attorney in the prosecutor's disclosure obligation, efforts beyond the professional discipline, and legal enforcement to promote and support the approach of prosecutor's disclosure obligation, and collection of material used as evidence in the civil or criminal litigation.
Nationalization And Necessity: Takings And A Doctrine Of Economic Emergency, Nestor M. Davidson
Nationalization And Necessity: Takings And A Doctrine Of Economic Emergency, Nestor M. Davidson
Faculty Scholarship
Serious economic crises have recurred with regularity throughout our history. So too have government takeovers of failing private companies in response, and the downturn of the last decade was no exception. At the height of the crisis, the federal government nationalized several of the country’s largest private enterprises. Recently, shareholders in these firms have sued the federal government, arguing that the takeovers constituted a taking of their property without just compensation in violation of the Fifth Amendment. This Essay argues that for the owners of companies whose failure would raise acute economic spillovers, nationalization without the obligation to pay just …
Unregulated Corporate Internal Investigations: Achieving Fairness For Corporate Constituents, Bruce A. Green, Ellen S. Progdor
Unregulated Corporate Internal Investigations: Achieving Fairness For Corporate Constituents, Bruce A. Green, Ellen S. Progdor
Faculty Scholarship
This article focuses on the relationship between corporations and their employee constituents in the context of corporate internal investigations, an unregulated multi-million dollar business. The classic approach provided in the 1981 Supreme Court opinion, Upjohn v. United States, is contrasted with the reality of modern-day internal investigations that may exploit individuals to achieve a corporate benefit with the government. Attorney-client privilege becomes an issue as corporate constituents perceive that corporate counsel is representing their interests, when in fact these internal investigators are obtaining information for the corporation to barter with the government. Legal precedent and ethics rules provide little relief …
Lawyers’ Professional Independence: Overrated Or Undervalued?, Bruce A. Green
Lawyers’ Professional Independence: Overrated Or Undervalued?, Bruce A. Green
Faculty Scholarship
This article explores the concept of lawyers’ "professional independence" in the literature of the U.S. legal profession. It begins with some reflections on the conventional meanings of professional independence, which encompasses both the bar’s collective independence to regulate its members and individual lawyers’ independence in the context of professional representations, including independence from clients, on one hand, and independence from third parties, on the other. The article suggests that the professional conduct rules are overly preoccupied with protecting lawyers’ professional independence from the corrupting influences of other professionals. The article then turns to an aspect of professional independence that has …
Law As A Profession: Examining The Role Of Accountability, Susan Saab Fortney
Law As A Profession: Examining The Role Of Accountability, Susan Saab Fortney
Fordham Urban Law Journal
No abstract provided.