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Legal Ethics and Professional Responsibility Commons™

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Washington and Lee University School of Law

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Articles 31 - 60 of 115

Full-Text Articles in Legal Ethics and Professional Responsibility

Candor, Zeal, And The Substitution Of Judgment: Ethics And The Mentally Ill Criminal Defendant, John D. King Jan 2008

Candor, Zeal, And The Substitution Of Judgment: Ethics And The Mentally Ill Criminal Defendant, John D. King

Scholarly Articles

This Article explores the tension between autonomy and paternalism that characterizes the attorney-client relationship when a criminal defense attorney represents a mentally impaired client. Specifically, the Article analyzes the ethical frameworks that constrain the discretion of the attorney in this situation and proposes a new paradigm for ethical decisionmaking when an attorney represents a marginally competent client.

The criminal defense attorney is both a zealous advocate for her client and an officer of the legal system. In representing a marginally competent client, the initial ethical dilemma facing the attorney is whether she has an obligation to alert the court to …


(Not) Advising Corporate Officers About Fiduciary Duties, Lyman P.Q. Johnson, Robert V. Ricca Jan 2007

(Not) Advising Corporate Officers About Fiduciary Duties, Lyman P.Q. Johnson, Robert V. Ricca

Scholarly Articles

This Article explores the intersection of an important, unresolved corporate law issue and an overlooked professional responsibility issue persistently arising in the corporate milieu. The corporate law question currently unaddressed in Delaware law is whether the fiduciary duties of corporate officers, as agents, are the same as, or different from, the fiduciary duties of corporate directors. A related question is whether, in reviewing officer conduct, courts will apply the business judgment rule in the same broad (and protective) manner in which it is applied to assessing director behavior.

The professional responsibility issue concerns whether, and how well, lawyers are advising …


The Audit Committee's Ethical And Legal Responsibilities: The State Law Perspective, Lyman P.Q. Johnson Jan 2006

The Audit Committee's Ethical And Legal Responsibilities: The State Law Perspective, Lyman P.Q. Johnson

Scholarly Articles

This paper provides a state law perspective on the post-scandal, post-reform audit committee. Federal law, along with NYSE and Nasdaq (together, "SRO") rules, recently have made sweeping changes in corporate governance, including numerous provisions that bear on audit committees. These changes are unprecedented and dramatic, and rightly have received wide attention and careful study. Certain basic principles underlying the governance functions and duties of audit committees, however, originate in, and are still determined by, state law. Moreover, state law applies to all corporations; federal law and SRO rules on audit committees apply only to those companies coming under federal law …


Swilling Hemlock: The Legal Ethics Of Defending A Client Who Wishes To Volunteer For Execution, J. C. Oleson Jan 2006

Swilling Hemlock: The Legal Ethics Of Defending A Client Who Wishes To Volunteer For Execution, J. C. Oleson

Washington and Lee Law Review

No abstract provided.


Grounding Normative Assertions: Arthur Leff's Still Irrefutable, But Incomplete, "Sez Who?" Critique, Samuel W. Calhoun Jan 2005

Grounding Normative Assertions: Arthur Leff's Still Irrefutable, But Incomplete, "Sez Who?" Critique, Samuel W. Calhoun

Scholarly Articles

The late Professor Arthur Leff believed that standard methods for grounding normative assertions fail to provide a solid foundation for moral judgment because none provides a satisfactory answer to what Leff called the grand 'sez who?' - a universal taunt by which a skeptic may challenge the standing/competency of the speaker to make authoritative moral assessments. Leff argued that as a matter of logic no system of morals premised in mankind alone ever could withstand the taunt. His provocative conclusion was that the only unchallengeable response to the grand 'sez who?' is God sez.

This Article demonstrates the continued relevance …


Prescription For Death?: Psychotic Capital Defendants And The Need For Medication, Joseph R. Dunn Sep 2004

Prescription For Death?: Psychotic Capital Defendants And The Need For Medication, Joseph R. Dunn

Capital Defense Journal

No abstract provided.


Conflicts Of Interest Challenges Post Mickens V. Taylor: Redefining The Defendant's Burden In Concurrent, Successive, And Personal Interest Conflicts, Mark W. Shiner Jun 2003

Conflicts Of Interest Challenges Post Mickens V. Taylor: Redefining The Defendant's Burden In Concurrent, Successive, And Personal Interest Conflicts, Mark W. Shiner

Washington and Lee Law Review

No abstract provided.


"Up The Ladder" And Over: Regulating Securities Lawyers-Past, Present & Future, Theodore Sonde, F. Ryan Keith Jan 2003

"Up The Ladder" And Over: Regulating Securities Lawyers-Past, Present & Future, Theodore Sonde, F. Ryan Keith

Washington and Lee Law Review

No abstract provided.


The Social Responsibility Of Corporate Law Professors, Lyman P.Q. Johnson Jan 2002

The Social Responsibility Of Corporate Law Professors, Lyman P.Q. Johnson

Scholarly Articles

Most statements of corporate social responsibility focus on the responsibilities of corporate decision makers or their advisors Professor Johnson argues that corporate law professors-the persons who educate the students who will become lawyers counseling corporate decision makers-also have a social responsibility. He believes that professors should find various ways to raise the subject of corporate social responsibility in the basic corporations course, and he advocates rejecting a classroom approach that addresses only shareholder-manager relations After describing several possible ways to do this, Professor Johnson spotlights fiduciary laws as a fruitful area to enrich student understandings of director duties in a …


Ready Or Not, Here They Come: Why The Aba Should Amend The Model Rules To Accommodate Multidisciplinary Practices, Bradley G. Johnson Jun 2000

Ready Or Not, Here They Come: Why The Aba Should Amend The Model Rules To Accommodate Multidisciplinary Practices, Bradley G. Johnson

Washington and Lee Law Review

No abstract provided.


The Quiet Demise Of Deference To Custom: Malpractice Law At The Millennium, Philip G. Peters, Jr. Jan 2000

The Quiet Demise Of Deference To Custom: Malpractice Law At The Millennium, Philip G. Peters, Jr.

Washington and Lee Law Review

No abstract provided.


Personal And Professional Integrity In The Legal Profession: Lessons From President Clinton And Kenneth Starr, Charles J. Ogletree, Jr. Jun 1999

Personal And Professional Integrity In The Legal Profession: Lessons From President Clinton And Kenneth Starr, Charles J. Ogletree, Jr.

Washington and Lee Law Review

No abstract provided.


Upping The Ante: Curricular And Bar Exam Reform In Professional Responsibility, David A. Logan Jun 1999

Upping The Ante: Curricular And Bar Exam Reform In Professional Responsibility, David A. Logan

Washington and Lee Law Review

No abstract provided.


Civility A Speech Delivered By Associate Justice Clarence Thomas To Students At Washington And Lee University School Of Law Lexington, Virginia Tuesday, March 10, 1998, Clarence Thomas Apr 1998

Civility A Speech Delivered By Associate Justice Clarence Thomas To Students At Washington And Lee University School Of Law Lexington, Virginia Tuesday, March 10, 1998, Clarence Thomas

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Is The Supreme Court Ready To Recognize Another Privilege? An Examination Of The Accountant-Client Privilege In The Aftermath Of Jaffee V. Redmond, Thomas J. Molony Jan 1998

Is The Supreme Court Ready To Recognize Another Privilege? An Examination Of The Accountant-Client Privilege In The Aftermath Of Jaffee V. Redmond, Thomas J. Molony

Washington and Lee Law Review

No abstract provided.


Unreasonable Risk: Model Rule 1.6, Environmental Hazards, And Positive Law, Irma S. Russell Jan 1998

Unreasonable Risk: Model Rule 1.6, Environmental Hazards, And Positive Law, Irma S. Russell

Washington and Lee Law Review

No abstract provided.


Cadwalader, Rupa And Fiduciary Duty, Donald J. Weidner Jun 1997

Cadwalader, Rupa And Fiduciary Duty, Donald J. Weidner

Washington and Lee Law Review

No abstract provided.


Freedom Of Contract, Fiduciary Duties, And Partnerships: The Bargain Principle And The Law Of Agency, J. Dennis Hynes Mar 1997

Freedom Of Contract, Fiduciary Duties, And Partnerships: The Bargain Principle And The Law Of Agency, J. Dennis Hynes

Washington and Lee Law Review

No abstract provided.


Fiduciary Duty Contracts In Unincorporated Firms, Larry E. Ribstein Mar 1997

Fiduciary Duty Contracts In Unincorporated Firms, Larry E. Ribstein

Washington and Lee Law Review

No abstract provided.


"Assume A Rather Large Boat . . ": The Mess We Have Made Of Partnership Law, Allan W. Vestal Mar 1997

"Assume A Rather Large Boat . . ": The Mess We Have Made Of Partnership Law, Allan W. Vestal

Washington and Lee Law Review

No abstract provided.


The Naked Emperor: A Corporate Lawyer Looks At Rupa's Fiduciary Provisions, Lawrence E. Mitchell Mar 1997

The Naked Emperor: A Corporate Lawyer Looks At Rupa's Fiduciary Provisions, Lawrence E. Mitchell

Washington and Lee Law Review

No abstract provided.


Contingency Fee Abuses, Ethical Mandates, And The Disciplinary System: The Case Against Case-By-Case Enforcement, Lester Brickman Sep 1996

Contingency Fee Abuses, Ethical Mandates, And The Disciplinary System: The Case Against Case-By-Case Enforcement, Lester Brickman

Washington and Lee Law Review

No abstract provided.


Children Of Choice: A Doctor's Perspective, Howard W. Jones, Jr. Jan 1995

Children Of Choice: A Doctor's Perspective, Howard W. Jones, Jr.

Washington and Lee Law Review

No abstract provided.


What Part Of Rpos Don't You Understand? An Update And Survey Of Standards For Tax Return Positions, J. Timothy Philipps, Michael W. Mumbach, Morgan W. Alley Sep 1994

What Part Of Rpos Don't You Understand? An Update And Survey Of Standards For Tax Return Positions, J. Timothy Philipps, Michael W. Mumbach, Morgan W. Alley

Washington and Lee Law Review

No abstract provided.


Buckley V. Illinois Judicial Inquiry Board And Stretton V. Disciplinary Board Of The Supreme Court: First Amendment Limits On Ethical Restrictions Of Judicial Candidates' Speech, Robert M. Brode Jun 1994

Buckley V. Illinois Judicial Inquiry Board And Stretton V. Disciplinary Board Of The Supreme Court: First Amendment Limits On Ethical Restrictions Of Judicial Candidates' Speech, Robert M. Brode

Washington and Lee Law Review

No abstract provided.


Physician-Patient Sexual Contact: The Battle Between The State And The Medical Profession, Tanya J. Dobash Sep 1993

Physician-Patient Sexual Contact: The Battle Between The State And The Medical Profession, Tanya J. Dobash

Washington and Lee Law Review

No abstract provided.


It's Not Easy Being Easy: Advising Tax Return Positions , J. Timothy Philipps Mar 1993

It's Not Easy Being Easy: Advising Tax Return Positions , J. Timothy Philipps

Washington and Lee Law Review

No abstract provided.


Client Fraud And The Securities Lawyer's Duty Of Confidentiality, Richard M. Phillips Jun 1992

Client Fraud And The Securities Lawyer's Duty Of Confidentiality, Richard M. Phillips

Washington and Lee Law Review

No abstract provided.


Lawyers' Papers: Confidentiality Versus The Claims Of History, Bonnie Hobbs Jan 1992

Lawyers' Papers: Confidentiality Versus The Claims Of History, Bonnie Hobbs

Washington and Lee Law Review

No abstract provided.


Legal Malpractice And The Bad Faith Exception To The American Rule: A Suggested Approach For Addressing Intentional Lawyer Misconduct Jun 1991

Legal Malpractice And The Bad Faith Exception To The American Rule: A Suggested Approach For Addressing Intentional Lawyer Misconduct

Washington and Lee Law Review

No abstract provided.