Legal Ethics and Professional Responsibility Commons^™

The Duty Of Confidentiality, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Morality, Motivation, And The Professionalism Movement, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Free Speech For Lawyers, W. Bradley Wendel

Cornell Law Faculty Publications

One of the most important unanswered questions in legal ethics is how the constitutional guarantee of freedom of expression ought to apply to the speech of attorneys acting in their official capacity. The Supreme Court has addressed numerous First Amendment issues involving lawyers, of course, but in all of them has declined to consider directly the central conceptual issue of whether lawyers possess diminished free expression rights, as compared with ordinary, non-lawyer citizens.

The arguments of this Article are synthetic in structure. I do not aim just to criticize reported cases, but rather to show how the regulation of lawyers' …

Toward A History Of The Legalization Of American Legal Ethics -- I. Origins, Charles W. Wolfram

Cornell Law Faculty Publications

The Aba And Mdps: Context, History, And Process, Charles W. Wolfram

Cornell Law Faculty Publications

Value Pluralism In Legal Ethics, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Public Values And Professional Responsibility, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Corporate-Family Conflicts, Charles W. Wolfram

Cornell Law Faculty Publications

Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Professional Secrecy And Its Exceptions: Spaulding V. Zimmerman Revisited, Roger C. Cramton, Lori P. Knowles

Cornell Law Faculty Publications

No abstract provided.

The Boiling Pot Of Lawyer Conflicts In Bankruptcy, Charles W. Wolfram

Cornell Law Faculty Publications

I take up here only two modest pieces of the current puzzle of lawyer conflicts of interest in bankruptcy practice. One involves the decision of the American Law Institute (hereinafter "ALI") to sidestep the entire field in the course of drafting its Restatement of the Law Governing Lawyers (hereinafter "Restatement"). The other involves the decision of the National Bankruptcy Review Commission (hereinafter "NBRC") to refuse to recommend that Congress do anything at all major to disturb existing law in the same realm. Either the law of lawyer conflicts in bankruptcy has been blessed in its present state by two prestigious …

Bismarck's Sausages And The Ali's Resatements, Charles W. Wolfram

Cornell Law Faculty Publications

Attorneys As Gatekeepers To The Court: The Potential Liability Of Attorneys Bringing Suits Based On Recovered Memories Of Childhood Sexual Abuse, Cynthia Grant Bowman, Elizabeth Mertz

Cornell Law Faculty Publications

No abstract provided.

Former-Client Conflicts, Charles W. Wolfram

Cornell Law Faculty Publications

Rule, Story, And Commitment In The Teaching Of Legal Ethics, Roger C. Cramton, Susan P. Koniak

Cornell Law Faculty Publications

No abstract provided.

Lights, Camera, Litigate: Lawyers And The Media In Canada And The United States, Charles W. Wolfram

Cornell Law Faculty Publications

Drawing on recent high profile cases in Canada and the United States, the author examines the different extent to which lawyers in those two countries comment to the media about ongoing litigation. He investigates various formal constraints upon lawyer comment, such as court-imposed publication bans and rules of professional responsibility. He also looks at the way in which lawyer behavior is attributable to non-formal, cultural determinants.

Rediscovering Discovery Ethics, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

The Vaporous And The Real In Former-Client Conflicts, Charles W. Wolfram

Cornell Law Faculty Publications

Sneaking Around In The Legal Profession: Interjurisdictional Unauthorized Practice By Transactional Lawyers, Charles W. Wolfram

Cornell Law Faculty Publications

The quiet clubbiness that once characterized the practice of law in the United States is rapidly disappearing as new realities announce their clamorous arrival. Evaporating at a great rate—judging speed of change in historical terms—are many traditionally accepted and functionally important features of the legal profession of another day. Disappearing or dead are such sturdy former fixtures as the exclusivity of traditional bar self-policing. Also gone is the at-one-time widely acknowledged hegemony of the American Bar Association as the exclusive source of lawyer code pronouncements on lawyer disciplinary regulation. Courts, under the thrall of bar associations, at one time claimed …

Information Technology And Legal Ethics: Expanding The Teaching And Understanding Of Legal Ethics Through The Creation Of A New Generation Of Electronic Reference Materials, Roger C. Cramton, Peter W. Martin

Cornell Law Faculty Publications

No abstract provided.

Lawyers And Butlers: The Remains Of Amoral Ethics, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Proposed Legislation Concerning A Lawyer’S Duty Of Confidentiality, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Differing Perceptions Of Attorney Fees In Bankruptcy Cases, Theodore Eisenberg

Cornell Law Faculty Publications

Delivery Of Legal Services To Ordinary Americans, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Keeping Faith: Government Ethics & Government Ethics Regulation, Cynthia R. Farina

Cornell Law Faculty Publications

Legal Ethics And The Restatement Process -- The Sometimes-Uncomfortable Fit, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

Parts And Wholes: The Integrity Of The Model Rules, Charles W. Wolfram

Cornell Law Faculty Publications

As important as is each of its parts, the 1983 Model Rules of Professional Conduct was, of course, meant to function as a whole. At the very least, the parts were presumably intended to work well with one another, sketching a regulatory apparatus that would guide both lawyers subject to it and courts and regulators administering it in a coherent and consistent manner. To a large extent the Model Rules made significant headway in this respect, continuing the movement toward more explicit and articulated regulation of the profession begun by their predecessor, the Model Code of Professional Responsibility.

Yet, …

The U.S. Law Of Client Confidentiality: Framework For An International Perspective, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

State Ethics Rules And Federal Prosecutors: The Controversies Over The Anti-Contact And Subpoena Rules, Roger C. Cramton, Lisa K. Udell

Cornell Law Faculty Publications

No abstract provided.

Mandatory Pro Bono, Roger C. Cramton

Cornell Law Faculty Publications

Should lawyers be required to devote a portion of their time or money to public service activities? This issue, commonly referred to as "mandatory pro bono," is much discussed these days. The purpose of this article is to illuminate the policychoices before the profession by surveying the arguments for and against mandatory pro bono.