Legal Ethics and Professional Responsibility Commons^™

The Duty Of Military Defense Counsel To An Accused, Alfred Avins

Michigan Law Review

This article is designed to study the manner in which those Canons of Professional Ethics have been assimilated into the administration of military justice and made the standards for the duty of a military defense counsel.

Trumbull: Materials On The Lawyer's Professional Responsibility, Glenn R. Winters

Michigan Law Review

A Review of Materials on the Lawyer's Professional Responsibility. By William M. Trumbull.

Constitutional Law - Due Process - Denial Of Admission To The Bar Based On Unwarranted Inferences Of Bad Moral Character, Jerome B. Libin

Michigan Law Review

Power over admission to the bar has long been vested in the judiciary of each state. While the legislature may prescribe certain standards, the state court alone is responsible for the determination of those qualified for the practice of law within its jurisdiction. The application of these standards often demands the exercise of meticulous judgment by the court in reaching its conclusion as to an applicant's fitness. Where, on the evidence or lack of evidence presented, the court finds that it cannot in good conscience grant its approval, the candidate is denied admission. To the extent that such a denial …

Attorney And Client - Scope Of Attorney's Authority - Client Bound By Wrongful Settlement Of Claim, Robert M. Vorsanger

Michigan Law Review

Plaintiff hired an attorney to prosecute a claim for damages resulting from the alleged negligence of defendant, a chiropodist, in the treatment of plaintiff's wife. Three years after the institution of the suit plaintiff discovered that his attorney had agreed with defendant to settle the suit and had forged plaintiff's name to a release and to a bank draft given by defendant in settlement of the claim. Plaintiff immediately instituted action to have the settlement stipulation deleted from the record and to have the case reinstated for hearing. On appeal from the trial court's decision for plaintiff, held, reversed. …

Constitutional Law - Right To Effective Assistance Of Counsel In Federal Courts And Waiver Thereof, Richard M. Adams S.Ed.

Michigan Law Review

Indicted for illegal traffic in narcotics, petitioner and his trial counsel allegedly attempted to fabricate an alibi on the false testimony of petitioner's girl friend. The evidence indicated that on several occasions before trial, the girl was invited to the office of petitioner's attorney, given narcotics, and told to memorize certain false testimony to be used in petitioner's defense. Later the girl bad a change of mind and agreed to testify for the government Despite the strenuous objections of defendant's counsel, a description of this alleged fraud on the court was given in the prosecution's opening statement, and the witness …

Evidence - Attorney-Client Privilege - Communications Relating To Future Criminal Transactions, Robert B. Fiske, Jr. S.Ed.

Michigan Law Review

Defendant was subpoenaed in connection with a grand jury investigation of gambling and corruption of public officials. He had been retained by one 'Willie" Moretti as attorney for five of his associates in October, 1950 after a complaint charging a gambling conspiracy had been filed against them. During some two hundred conferences with Moretti in the following year, defendant learned that protection money was being paid to certain high ranking state officials, Moretti at one point complaining of the frequent demands of these officials for more· money. Moretti also discussed with defendant a visit he had paid to the home …

Soonavala: Advocacy, Its Principles And Practice, Charles W. Joiner

Michigan Law Review

A Review of Advocacy, Its Principles and Practice. By R. K. Soonavala

Notes, Michigan Law Review

Michigan Law Review

The information given in the notes is derived from inspection of the books, publishers' literature, and the ordinary library sources.

Equity-Criminal Contempt-Violation Of Court Order Or Decree-Attorney's Responsibility, Warren K. Urbom S.Ed.

Michigan Law Review

Employees of R, while on strike, picketed in the vicinity of a warehouse that was owned by X hut a part of which had been rented by R. The warehouse was served by two railroad spur tracks and two streets. Attempts to deliver goods to the warehouse via the railroad tracks were physically obstructed by the pickets, whereupon a temporary injunction issued restraining employees from "picketing ... plaintiff's railroad tracks and spur tracks or right of way or property in any manner whatsoever .... " Thereafter, on the strength of an attorney's advice, the employees maintained pickets fourteen …

Education For Professional Responsibility, Michigan Law Review

Michigan Law Review

A Review of EDUCATION FOR PROFESSIONAL RESPONSIBILITY. Pittsburgh: Carnegie Press.

Attorney And Client--Striking Attorney From Roll Of Federal District Court, Richard J. Archer

Michigan Law Review

For twelve years gambling had been carried on in a wide open manner in the district; more than three thousand hand books on race horses were operated in cafes, restaurants, and night clubs. Newspapers had published the names of those paying the federal taxes, and a poll of school children indicated that they were familiar with gambling devices in the community. Responsibility for law enforcement rested with the Commonwealth's Attorney, an elective official who had held the position for twenty years; an attempt to remove him from office by quo warranto proceedings, and an attempt to investigate the situation by …

Contempt-Right Of Court To Dismiss Attorney From Trial-Hardship On Client, John Dobson

Michigan Law Review

Petitioner asked for a writ of mandamus to have himself reinstated as counsel in a trial. The petitioner had represented two defendants in a criminal action, up until the time the judge presiding in the trial, respondent here, ordered him dismissed from the court as the attorney of record for the defendants. The respondent had called on the various counsel in the case to explain a certain matter, which seemed, "prima facie at least," to show contempt of court. When the petitioner was called on he did not confine himself to the matter in question, but proceeded to attack the …

Courts - Judicial Ethics - Broadcast Of Murder Trial, Michigan Law Review

Michigan Law Review

A microphone was installed in a court room with consent of the trial judge and counsel, for a direct broadcast of a murder trial. Prisoner's counsel, in his argument to the jury, made certain remarks concerning the plaintiff, state's witness, which the latter claimed were libelous per se. Joining as defendants the trial judge, counsel for the alleged felon, and the director of the radio station, plaintiff asserted that the installation of the equipment was an "extrajudicial and illegal" act. Defendant trial judge's motion for non-suit was granted at the close of plaintiff's case, The case was submitted to the …

Witnesses - Privileged Professional Communications As Affected By The Presence Of Third Parties, Dan K. Cook

Michigan Law Review

Interesting problems arise in regard to privileged communications when made to the professional confidant in the presence of a third person. Such problems are concerned with the manner and degree in which the privilege is altered or destroyed by the presence of such third persons. It is the purpose of this comment to discuss the attorney-client and physician-patient privileges as affected by the presence of a third person, where the professional confidant and his client or patient are aware of such presence.

Attorney And Client - Canons Of Ethics - Attorney Of Record As Witness For Client, Bertram H. Lebeis

Michigan Law Review

In a suit commenced by bill in aid of execution, the attorney of record of one of the defendants was allowed to testify concerning a note given to the other defendant. Held, that although this is a violation of Rule 19 of the Canons of Professional Ethics, it is not reversible error. Vozbut v. Pomputis, 277 Mich. 212, 269 N. W. 149 (1936).

Attorney And Client-Forfeiture Of Right To Fee For Failure Of Attorney To Register Under Integrated Bar Act

Michigan Law Review

Plaintiff, an attorney, sued for reasonable value of professional services rendered to defendant. The Washington integrated bar act requires all attorneys to register annually at certain date and to pay a registration fee. Those who fail to comply are deemed to be under suspension until the provisions are complied with. At the time these services were performed plaintiff was in default. Held, this requisite is a condition imposed for the privilege of exercising a lawyer's franchise. Failure to comply forfeits plaintiff's right to compensation for professional services undertaken during the period of default. Smith v. Kneisley, (Wash. 1935) …

Criminal Law-Misconduct Of Attorneys During Trial-Possible Remedies

Michigan Law Review

Petitioner was indicted in a federal district court charged with having conspired with others to utter counterfeit Federal Reserve Bank notes. The case against the accused was weak. The prosecuting attorney in his arguments to the jury and in the examination of witnesses persisted over defendant's objections in making improper suggestions, insinuations and unproved assertions of personal knowledge, all highly unfavorable to defendant's case. The district court sustained objections to some of the questions but the case was submitted to the jury and defendant found guilty. Defendant appealed. Held, the misconduct of the prosecuting attorney being prejudicial to defendant …

Evidence-Privilege-Husband And Wife-Attorney And Client

Michigan Law Review

A husband and wife are involved in marital difficulties. Together they consult an attorney in an effort to compromise their dispute, or failing in that, to arrange a property settlement prior to separation or divorce. Such a joint consultation may be for any one of a variety of purposes. In a later action, for divorce or separate maintenance for example, the question arises whether either the attorney or one of the spouses can disclose words spoken by the other spouse in the consultation. For instance, can the attorney or the husband disclose the wife's admission of adultery?

Attorney And Client - Duty Of Attorney To Follow Client's Instructions

Michigan Law Review

An attorney's duty, where he is specially instructed, is to follow the instructions of his client, except as to matters of detail connected with the conduct of the suit, and he is liable for all losses resulting from his failure to follow such instructions with reasonable promptness and care.

Constitutional Law - Due Process And Equal Protection - Freedom Of Contract

Michigan Law Review

Plaintiff denied the constitutionality of a statute declaring every settlement of a personal injury claim, retainer, or employment contract, made while the person injured is under disability from the effect of the injury, or within thirty days after the date of the injury, voidable at the option of the injured party within six months after the date of the injury. Held, that such a statute is constitutional, being neither a deprivation of property without due process of law nor a denial of the equal protection of the law. Peterson v. Panovitz, (N. D. 1932) 243 N. W. 798.

Torts-Malicious Prosecution-Advice Of Counsel

Michigan Law Review

Defendant, a practicing lawyer, lodged a complaint charging plaintiff with larceny. A criminal warrant was issued; plaintiff was arrested, but the action was dismissed when the complaining witness failed to appear at the trial. Plaintiff then brought this action for malicious prosecution. One of the grounds of defense pleaded was that which is commonly called "advice of counsel," defendant pleading that, in his judgment, the plaintiff was guilty as charged. Held, in Mawhinney v. Morrissey, that, under the facts of this case, the defense fails because the attorney-defendant was not a disinterested party.

Attorney And Client - Disbarment - False Testimony

Michigan Law Review

A, an attorney, as a witness for his client in a suit against the latter, testified falsely under oath with knowledge of the fact. In proceedings for disbarment, during which A admitted the falsity of his testimony, held, his conduct warranted suspension from the bar for one year. Green v. State Bar ( Cal. 1931 ) 2 Pac. ( 2d) 340.

Decency At The Bar

Michigan Law Review

One day, during the trial of the notorious Al Capone in the Federal Building in Chicago, immediately after an adjournment, officers stepped up to a man by the name of D'Andrea in the corridor outside the court room and removed from his person a business-like looking gun. The gentleman so unburdened is said to have been Mr. Capone's bodyguard, his attendant inside and outside the court room. After that, Mr. Capone had to get along without that particular guardian, for Judge Wilkerson, before whom the trial was conducted, ordered the henchman confined in jail. After the main case had been …

Corporations-What Amounts To Practice Of Law-Solution Of The Difficulty By Agreements

Michigan Law Review

The defendant trust company advertised that it made a specialty of drawing contracts, deeds, mortgages and wills. It also purported to specialize in the drawing of trust agreements and the management of estates. In a statutory contempt proceeding, upon proof of the performance of these functions for compensation, held the defendant was engaged in the practice of law, and guilty of contempt. In re Eastern Idaho Loan and Trust, Co. (Idaho 1930) 288 Pac. 157.

Fraud-By Third Party-Mistake As To Nature Of Transaction-Rescission As Remedy

Michigan Law Review

The plaintiff was injured as a result of the alleged negligence of the defendant company. His attorney induced him to sign a general release, representing that it was only a receipt for seven hundred and fifty dollars paid on account by the defendant company. The plaintiff was illiterate and relied upon the fraudulent representations of his attorney. In an action to set aside the release, held, on a motion for judgment on the pleadings, that the complaint stated a cause of action, and that the plaintiff was not negligent in relying upon the representations of his attorney. Affirmed. Pimpinello …

Crimes-Improper Conduct Of Prosecuting Attorneys

Michigan Law Review

In a recent New York case, People v. Klvana (N'. Y. 1926) 150 N. E. 523, Hiscock, C. J. in commenting on the evidence was induced to remark, "We are aided in this analysis by the perfectly fair attitude of the district attorney who with a commendable conception of his duties presents this case to us neither attempting to exaggerate its strong points nor trying to obscure its weaknesses." That sort of remark is refreshing. It gives renewed faith in the honesty of the administration of our criminal laws and shows that the fundamental theory that it is as much …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Cases On Procedure Annotated. Trial And Appellate Practice, Edson R. Sunderland

Books

“A dozen years ago the present editor published a case-book for law school use on Trial Practice. It was then a subject unknown in the law school curriculum. But in the years that have passed the teaching of trial practice has become a common feature in American legal education….

The editor’s earlier volume on Trial Practice has not been incorporated in the present book, but that subject has been entirely reorganized and rewritten. Legal Ethics in connection with trial work has been treated more adequately, new sections on the Verdict and Judgment have been added, certain topics, such as Instructing …

An Inquiry Concerning The Functions Of Procedure In Legal Education, Edson R. Sunderland

Articles

Procedure has always been the bete noire of the law school teacher. No other subject has developed such divergent opinions or such endless debates. None recurs with such periodic frequency and in no field of legal pedagogy has discussion seemed so barren of results. Three different general sessions of the Association of American Law Schools during the last ten years have been devoted largely or wholly to the subject of teaching procedure, and yet no substantial progress seems to have been made toward a standardized scheme of treatment. Individual teachers and schools have their individual views and policies, and they …