Legal Ethics and Professional Responsibility Commons^™

Through The Looking Glass Of Ethics And The Wrong With Rights We Find There, Susan P. Koniak

Faculty Scholarship

An ethic that imposes strong obligations to protect those who are most powerful and capable of protecting themselves and weak obligations to protect the powerless and most vulnerable is wrong. I take it this first proposition is self-evident, at least for those of us who still feel comfortable speaking of right and wrong. For those more comfortable speaking of "efficiency" and "inefficiency," the inefficiency of such an ethical system should similarly be self-evident.

Nonrefundable Retainers: A Response To Critics Of The Absolute Ban, Lester Brickman, Lawrence A. Cunningham

Articles

In the short span of time since the New York Court of Appeals banned nonrefundable retainers, numerous other courts have joined in prohibiting this widespread practice of lawyers charging a fee for services in advance and keeping the fee even if the services are not performed. The alacrity with which the New York rule is being embraced may reflect increased judicial recognition of the effect of egregious fee practices on the image of the bar and the role such practices play in the declining esteem in which the legal profession is held. Not only has there been a sharp decline …

Protective Proceedings - New Realities: Changes To Guardianship And Conservatorship Law, Oregon Law Institute, Mark M. Williams, Jennifer L. Wright, Wesley D. Fitzwater, Carol J. Kyle, Penny L. Davis

Oregon Law Institute, 1995

Course Materials from the September 22, 1995 Program in Portland

Sept. 18, 1995, Treasury Sec. R. Rubin, Letter To Vp Al Gore Jr. Re Ifc Envtl Standards, Robert E. Rubin

IFC E&S Performance Standards

No abstract provided.

Conference Program

Freedman Institute for the Study of Legal Ethics Conferences

No abstract provided.

Sept. 12, 1995, Cong. N. Pelosi And Cong. J. Porter, Letter To Treasury Sec. R. Rubin Re Ifc Polices, Nancy Pelosi

IFC E&S Performance Standards

No abstract provided.

Sept. 12, 1995, Cong. N. Pelosi And Cong. J. Porter, Letter To Wb Pres. J. Wolfensohn Re Ifc Policies, Nancy Pelosi

IFC E&S Performance Standards

No abstract provided.

Review Of "Constitutional Torts" By Sheldon H. Nahmod, Michael L. Wells, Thomas A. Eaton, Jack M. Beermann

Faculty Scholarship

The most interesting issues in the field of constitutional torts, involving the legal and moral bases for the government's responsibility for injuries it causes, are the most difficult ones for lawyers to explore. The question whether, as a moral or social policy matter, governments and government officials should enjoy immunities or other defenses not available to private individuals is rarely confronted directly in judicial opinions or in scholarship on constitutional torts, yet it lurks behind many of the doctrinal issues that come up in constitutional tort litigation.¹ A slight scratch on the surface of doctrines as disparate as official …

Race, Family, And Obligation, Rodney C. Roberts

Center for the Study of Ethics in Society Papers

The Martin Luther King Jr. Day Lecture Presented to the WMU Center for the Study of Ethics in Society, January 16, 1995.

Professional Preparedness: A Comparative Study Of Law Graduates' Perceived Readiness For Professional Ethics Issues, James E. Moliterno

Faculty Publications

No abstract provided.

Paying Attention To The Signs, Susan P. Koniak, Geoffrey C. Hazard Jr.

Faculty Scholarship

After all our efforts and all Keck's money, where are we? Some good has been accomplished. By committing its resources to the study of legal ethics, the W.M. Keck Foundation has encouraged law schools to pay attention to a subject all too often ignored. That itself is good. The money has made things happen. Schools have held conferences devoted to legal ethics that otherwise would not have been held;¹ schools have experimented with teaching programs in legal ethics that otherwise might have been left untried;' members of the practicing bar have had conversations and debates with academics about the …

Jun. 30, 1995, Sen. J. Kerry And Rep. J. Porter, Co-Chairs Of Globe, Letter To Vice Pres Al Gore Re Ifc Information Policy, John F. Kerry, John Edward Porter

IFC E&S Performance Standards

No abstract provided.

Planning For Moderate Estates, Oregon Law Institute, Heather O. Gilmore, Richard A. Pagnano, Wesley D. Fitzwater, Shirley A. Bass, S. Jane Patterson, Mark M. Williams

Oregon Law Institute, 1995

Course Materials from the May 12, 1995 Program in Portland

May 10, 1995, C. Dobson, Letter To L. Summers, Undersecretary For Int'l Affairs, Treasury Re Adb And Ifc Policies, Chad Dobson

IFC E&S Performance Standards

No abstract provided.

Teaching Ethics In Schools Of Business In Oklahoma Colleges And Universities, Shelsea Ellis

McCabe Thesis Collection

The research in this study seeks to establish the degree to which ethics is included in the business curriculum of four-year colleges and universities in Oklahoma. If ethics is taught as a separate course, the study inquires about the methodology used in that course. If there is not a separate ethics course, the study determines if ethics is included in several courses of the business curriculum. Clarification is also determined as to the percentage of time dedicated to the teaching of ethics and whether or not the dean of the School of Business believes this percentage to be appropriate.

Mass Torts -- Messy Ethics, Charles W. Wolfram

Cornell Law Review

No abstract provided.

Apr. 25, 1995, L. Summers, Under-Secretary, Memo To Secretary Rubin Re Fy 1995 Ifc Appropriation Conditions, Lawrence Summers

IFC E&S Performance Standards

No abstract provided.

Techniques And Tactics In Personal Injury Trials, Oregon Law Institute, Jodie Anne Bushman, Jeffrey S. Mutnick, Frank A. Moscato, Stephen F, English, Bruce R. Powell, Robert D. Dames Jr., Diana I. Stuart, Gerald C. Doblie, Craig C. Murphy, Judy D. Snyder

Oregon Law Institute, 1995

Course Materials from the April 14, 1995 Program in Portland

"Show And Tell": An Analysis Of The Scope Of The Attorney-Client Waiver Standards, Roberta M. Harding

Law Faculty Scholarly Articles

As today's society becomes increasingly litigious, document productions, a major discovery tool, are growing larger. One inevitable consequence of this phenomenon is the increased risk that communications protected by the attorney-client privilege may be inadvertently disclosed. Privileged communications may also be disclosed to an adversary under more questionable circumstances: specifically, the intentional, strategic disclosure of privileged information favorable to the disclosing party's position.

In any case involving the disclosure of privileged information, the court must initially decide whether the privilege is waived. To resolve this threshold issue courts apply one of the three waiver tests. If a court decides that …

An Authentic Life In The Law: A Tribute To James K. Logan, Irma S. Russell

Faculty Works

UMKC School of Law Professor Irma S. Russell reflects on the professional life and legacy of Judge James K. Logan, exploring his career as a model of integrity, intellect, and dedication to justice. Through the lens of her experiences as his former law clerk, Russell examines broader questions about what constitutes a meaningful and ethical life in the legal profession. Blending biography, personal reflection, and professional critique, Russell argues that authenticity in law arises from commitment to community, ethical responsibility, and the pursuit of the common good.

Reconciling Professionalism And Client Interests, Fred C. Zacharias

William & Mary Law Review

No abstract provided.

Two Papers On Environmentalism Ii: Resources And Environmental Policy, Jan Narveson

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethlcs in Society - November 21, 1994.

The Deconstruction Of Kantian Ethics And The Question Of Pleasure, Henry J. Staten

Cardozo Law Review

This Essay is primarily about the recent work of Bernard Williams, who is in my opinion the most radical thinker on the question of ethics in the analytic philosophy camp. In fact, Williams's work tests the limits of what we know as analytic philosophy. His project is rigorously deconstructive, yet it has been developed out of the materials of analytic philosophy itself quite independently of Derridean deconstruction. Thus, this project is extraordinarily rich in its resonance, and regardless of whether one comes at it from an analytic or deconstructive background, one is equally likely to find it surprising in its …

Two Papers On Environmentalism - I: Environmental Ethics And Value In The World, John Post

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - November 14, 1994.

Commentary: Policy Implications, Geoffrey C. Hazard Jr.

Journal of Law and Health

It is clear to me that members of the legal profession are obliged to take these findings seriously. I shall suggest below a few reservations about the analysis. Nevertheless, the important findings are established by empirical evidence so powerful that they can be ignored only through a wish not to believe. If the findings are accepted as a description of reality, the challenge is to work out sensible courses of action in response. The challenge is formidable.

Ineffective Assistance Of Counsel

Touro Law Review

No abstract provided.

Michigan's Deadlocked Commission On Death And Dying: A Lesson In Politics And Legalism, Joseph Ellin

Center for the Study of Ethics in Society Papers

Based on a presentation made to the WMU Center for the Study of Ethics in Society - September 21, 1994.

Introduction: Towards An Inclusive Professionalism, Peter Margulies

St. Thomas Law Review

The landscape of lawyering seems bewilderingly chaotic today, compared with images of practices past, replete with country clubs and white male practitioners.' Despite their exclusiveness, corporate law firms of old at least had some shared values, and some commitment to norms other than those generated by the market. Our society, as well as the legal profession, is more diverse than it was. The present-day invocation of professionalism is one reaction to the increased diversity of the legal profession, and to the vaulting prominence of market forces, which has reduced many lawyers in major firms to a race to the bottom …

Policing Federal Prosecutors: Do Too Many Regulators Produce Too Little Enforcement, Bruce A. Green

St. Thomas Law Review

This Article focuses on how standards of prosecutorial conduct are enforced. As will be discussed, the process for sanctioning wrongful conduct of federal prosecutors is structurally inadequate. Federal prosecutors are subject to discipline by as many as four different authorities. Yet, each of the available disciplinary mechanisms is itself deficient. Furthermore, the diffusion of responsibility among different mechanisms compounds the problem.

Practiced Moral Activism, Paul R. Tremblay

St. Thomas Law Review

Readers of legal ethics literature frequently encounter the following question: "Can a good lawyer be a good person?" This Article addresses a variation of that question: "Can a good lawyer be a good person if that person is not a good philosopher?" This new question confronts a perplexing realization about most moral exploration of lawyering-that it takes place amidst a language and an intellectual world with which most practicing lawyers are not familiar or conversant. Of course, the philosophers inhabiting that world and using that language aim to affect the lives of working attorneys in some concrete way,but reading the …