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Legal Ethics and Professional Responsibility Commons

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1995

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Articles 61 - 90 of 157

Full-Text Articles in Legal Ethics and Professional Responsibility

Professionalism And Life In The Trenches: The Case Of The Public Defender, Rodney Thaxton, Lida Rodriguez-Taseff Jan 1995

Professionalism And Life In The Trenches: The Case Of The Public Defender, Rodney Thaxton, Lida Rodriguez-Taseff

St. Thomas Law Review

I would like to start with a little story. This actually happened during my employment at the Dade County Public Defender's office, when I was in juvenile court. There was this very bright young man who, having been arrested for stealing bicycles, was in detention. He had figured out an ingenious way to steal bicycles. He would go into the bicycle section in department stores, get a bicycle, and start riding it around. An employee would invariably say, "Oh, you can't ride that bicycle in here. Take it out," and would escort him to the door with the bicycle. He …


Friends Of The Earth, Pol'y Brief, Analysis Of Ifc Procedures And Policies Against Fy 95 Certification Requirements Undated, 1995, Friends Of The Earth Jan 1995

Friends Of The Earth, Pol'y Brief, Analysis Of Ifc Procedures And Policies Against Fy 95 Certification Requirements Undated, 1995, Friends Of The Earth

IFC E&S Performance Standards

No abstract provided.


Feb. 3, 1995, Amy Mcrae To D. Hunter (Ciel), Ifc Information, Ifc Jan 1995

Feb. 3, 1995, Amy Mcrae To D. Hunter (Ciel), Ifc Information, Ifc

IFC E&S Performance Standards

No abstract provided.


Ethics And The Federal Prosecutor: The Continuing Conflict Over The Application Of Model Rule 4.2 To Federal Attorneys, Neals-Erik William Delker Jan 1995

Ethics And The Federal Prosecutor: The Continuing Conflict Over The Application Of Model Rule 4.2 To Federal Attorneys, Neals-Erik William Delker

American University Law Review

No abstract provided.


1995 (Undated), Foe, Pol'y Brief, Analysis Of Ifc Procedures Against Fy 95 Certification Requirements, Friends Of The Earth Jan 1995

1995 (Undated), Foe, Pol'y Brief, Analysis Of Ifc Procedures Against Fy 95 Certification Requirements, Friends Of The Earth

IFC E&S Performance Standards

No abstract provided.


Doctors, Aids, And Confidentiality In The 1990s, 27 J. Marshall L. Rev. 331 (1994), Sheila Taub Jan 1995

Doctors, Aids, And Confidentiality In The 1990s, 27 J. Marshall L. Rev. 331 (1994), Sheila Taub

UIC Law Review

No abstract provided.


If I Tell You, Will You Treat Me, 27 J. Marshall L. Rev. 363 (1994), Mauro A. Montoya Jr. Jan 1995

If I Tell You, Will You Treat Me, 27 J. Marshall L. Rev. 363 (1994), Mauro A. Montoya Jr.

UIC Law Review

No abstract provided.


New York Attorney Malpractice Liability To Non-Clients: Toward A Rule Of Reason And Predictability, Lucia A. Silecchia Jan 1995

New York Attorney Malpractice Liability To Non-Clients: Toward A Rule Of Reason And Predictability, Lucia A. Silecchia

Scholarly Articles

This 1995 Article addresses the question of attorney liability in New York. It begins with a brief introduction to the history of the privity requirement nationally to place the New York question in context. It then traces the scope of attorney liability in New York and examines the state of that law - with its contradictions and inconsistences. This Article proposes a rule for New York courts to consider that centers on the “adversariness” of the client and the third party as the touchstone for determining if expanded liability is appropriate.

This differs from the traditional analysis which bases the …


Lawyer Distress: Alcohol-Related Problems And Other Psychological Concerns Among A Sample Of Practicing Lawyers, Connie J.A. Beck, Bruce D. Sales, G. Andrew H. Benjamin Jan 1995

Lawyer Distress: Alcohol-Related Problems And Other Psychological Concerns Among A Sample Of Practicing Lawyers, Connie J.A. Beck, Bruce D. Sales, G. Andrew H. Benjamin

Journal of Law and Health

The findings of the research reported in this study, in conjunction with earlier studies, suggest that the professional and the personal well-being of lawyers is in serious jeopardy. Lawyers are working more, reducing vacation time, spending less time with family members, are prone to alcohol abuse, and face high levels of psychological distress. The combination of elements suggests an impending crisis for lawyers' family lives. Although the data are not sufficient to suggest that psychological distress has detrimentally affected the lawyers' ability to practice competently, the warning signs are present. Further empirical study may well reveal that lawyer distress is …


Is There A Solution To The Problem Of Lawyer Stress - The Law School Perspective, James J.A. Alfini, Joseph N. Van Vooren Jan 1995

Is There A Solution To The Problem Of Lawyer Stress - The Law School Perspective, James J.A. Alfini, Joseph N. Van Vooren

Journal of Law and Health

What is the result of all this stress? As previously noted in the Beck, Sales, and Benjamin study, more and more attorneys are turning to alcohol as a "stress reliever." Also, a higher percentage of lawyers are dissatisfied with their personal relationships than the "normal population." A poll conducted for the New York Law Journal by a Manhattan polling firm found that of the lawyers polled who had been divorced, fifty-six percent asserted that their careers in the law had contributed to the breakup of their marriages. Of great concern is the fact that an increasing number of attorneys are …


Greetings, Daniel J. Morrissey Jan 1995

Greetings, Daniel J. Morrissey

St. Thomas Law Review

No abstract provided.


Be Just To One Another: Preliminary Thoughts On Civility, Moral Character, And Professionalism, Mark Neal Aaronson Jan 1995

Be Just To One Another: Preliminary Thoughts On Civility, Moral Character, And Professionalism, Mark Neal Aaronson

St. Thomas Law Review

The premise of this Article is that the inability of lawyers to conduct themselves in a reasonable fashion has less to do with a lack of good manners or ignorance about what conduct is expected, but has more to do with not having the strength of character needed to exercise self-discipline when making practical or ethical choices. I focus on civility because it speaks to both the profession's present distress over an apparent deterioration in lawyer behavior and its ongoing interest in lawyers of high moral character. My main agenda is to reintroduce certain ancient, classical ideas about civility as …


Remarks: Professionalism And The Courts, Ursula Ungaro-Benages Jan 1995

Remarks: Professionalism And The Courts, Ursula Ungaro-Benages

St. Thomas Law Review

No abstract provided.


Legal Professionalism: Do Ethical Rules Require Zealous Representation For Poor People, Michelle S. Jacobs Jan 1995

Legal Professionalism: Do Ethical Rules Require Zealous Representation For Poor People, Michelle S. Jacobs

St. Thomas Law Review

No abstract provided.


How The Butler Was Made To Do It: The Perverted Professionalism Of The Remains Of The Day, Rob Atkinson Jan 1995

How The Butler Was Made To Do It: The Perverted Professionalism Of The Remains Of The Day, Rob Atkinson

St. Thomas Law Review

No abstract provided.


The Fault Is In Ourselves, Roger J. Miner '56 Jan 1995

The Fault Is In Ourselves, Roger J. Miner '56

Bar Associations

No abstract provided.


The Reception Of Foreign Law In The U.S. Federal Courts, Roger J. Miner '56 Jan 1995

The Reception Of Foreign Law In The U.S. Federal Courts, Roger J. Miner '56

Bar Associations

No abstract provided.


Fee-For-Service Clinical Teaching: Slipping Toward Commercialism, Lisa G. Lerman Jan 1995

Fee-For-Service Clinical Teaching: Slipping Toward Commercialism, Lisa G. Lerman

Scholarly Articles

No abstract provided.


A Teacher’S Trouble: Risk, Responsibility And Rebellion, Lisa G. Lerman Jan 1995

A Teacher’S Trouble: Risk, Responsibility And Rebellion, Lisa G. Lerman

Scholarly Articles

What follows is an edited transcript of a session at the 1995 Annual Meeting of the Association of American Law Schools, held in New Orleans, Louisiana, January 7, 1995. The meeting was a joint plenary session of the AALS Section on Professional Responsibility and the Section on Clinical Legal Education. The meeting was planned and the role plays were written by Professors Margaret Martin Barry and Lisa Lerman of The Catholic University of America and Professor Homer La Rue of Howard University.

The purpose of the program was to foster interaction among teachers of professional responsibility and clinical teachers about …


Notre Dame Lawyer - Academic Year 1995-96, Notre Dame Law School Jan 1995

Notre Dame Lawyer - Academic Year 1995-96, Notre Dame Law School

Notre Dame Lawyer

NDLS Strategic Plan Principal Strategies

New Kids on the Block
John H. Garvey, John M. Finnis, M. Cathleen Kaveny, William K. Kelley, Patrick J. Schiltz, Elizabeth Schiltz, Paolo Carozza, Dinah L. Shelton, Geoffrey Bennett

Faculty Profile: Professor Trai Le

Faculty Tribute to Professor Edward J. Murphy

Notre Dame Graduates Intern at The Hague


Be Just To One Another: Preliminary Thoughts On Civility, Moral Character, And Professionalism, Mark N. Aaronson Jan 1995

Be Just To One Another: Preliminary Thoughts On Civility, Moral Character, And Professionalism, Mark N. Aaronson

Faculty Scholarship

No abstract provided.


Gladiators Be Gone: The New Disclosure Rules Compel A Reexamination Of The Adversary Process, 36 B.C. L. Rev. 479 (1995), Rogelio A. Lasso Jan 1995

Gladiators Be Gone: The New Disclosure Rules Compel A Reexamination Of The Adversary Process, 36 B.C. L. Rev. 479 (1995), Rogelio A. Lasso

UIC Law Open Access Faculty Scholarship

No abstract provided.


Law, Morals, And Ethics, Geoffrey C. Hazard Jr. Jan 1995

Law, Morals, And Ethics, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


Cross-Examining Legal Ethics: The Roles Of Intentions, Outcomes, And Character, R. George Wright Jan 1995

Cross-Examining Legal Ethics: The Roles Of Intentions, Outcomes, And Character, R. George Wright

Kentucky Law Journal

No abstract provided.


Prosecutorial Misconduct In Presenting Evidence: "Backdooring" Hearsay, Bennett L. Gershman Jan 1995

Prosecutorial Misconduct In Presenting Evidence: "Backdooring" Hearsay, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Rules of evidence are designed to bring about just and informed decisions. One of these rules, the hearsay rule, is designed to ensure that juries receive reliable evidence, and that out-of-court statements ordinarily are inadmissible. Prosecutors are well aware of these evidentiary restrictions, but occasionally seek to circumvent them. The author describes methods used by some prosecutors to manipulate the hearsay rule and thereby distort the truth-finding process of the trial.


Proverbial Practice: Legal Ethics From Old Testament Wisdom, Gordon J. Beggs Jan 1995

Proverbial Practice: Legal Ethics From Old Testament Wisdom, Gordon J. Beggs

Law Faculty Articles and Essays

The Old Testament book of Proverbs supplied foundational moral values for our nation's legal ethics. With the adoption and revision of formal codes, moral teaching has virtually disappeared from legal ethics. This essay suggests that the wisdom of Proverbs offers a timely challenge to the character of the legal profession by advocating values which include justice, purity, mercy, humility, honesty, candor, truthful testimony, and civility.


New Insights On Waiver And The Inadvertent Disclosure Of Privileged Materials: Attorney Responsibility As The Governing Precept, Audrey Rogers Jan 1995

New Insights On Waiver And The Inadvertent Disclosure Of Privileged Materials: Attorney Responsibility As The Governing Precept, Audrey Rogers

Elisabeth Haub School of Law Faculty Publications

This Article suggests that fostering the development of attorney responsibility should be the central goal in addressing the issues raised by the inadvertent disclosure. Deciding the waiver issue by concentrating on attorney responsibility will help prevent inadvertent disclosures (and resultant waivers) by impressing upon the attorney the need to take care to avoid them. When disclosures inadvertently occur, the amount of precautions the attorney took (albeit unsuccessfully) should determine whether the privilege is waived. Placing the onus of precautions against inadvertent disclosure on the attorney is not only beneficial to the client, but also aids the profession, and the overall …


Aba Delegates Amend Model Rule , Susan J. Becker Jan 1995

Aba Delegates Amend Model Rule , Susan J. Becker

Law Faculty Articles and Essays

The ABA House of Delegates has amended Model Rule 4.2 regarding whom attorneys may ethically contact directly during the course of litigation or other legal matters. This article discusses the ramifications of this change.


Rhetoric, Evidence, And Bar Agency Restrictions On Speech By Attorneys, Lloyd B. Snyder Jan 1995

Rhetoric, Evidence, And Bar Agency Restrictions On Speech By Attorneys, Lloyd B. Snyder

Law Faculty Articles and Essays

There are two problems with permitting litigation about attorney speech to proceed without requiring bar disciplinary agencies to present empirical data or other evidence to support claims that restrictions on attorney speech are necessary. First, the history of bar association restrictions on attorney speech should make us skeptical that the bar rules are based on lofty ideals about protection of the public. The restrictions began as rules promulgated by elite corporate lawyers whose effect was to limit the activities of their less affluent brethren who were representing criminal defendants and other impoverished clients. The purpose of the rules was to …


Regulating Attorney Conduct: Specific Statutory Schemes V. General Regulatory Guidelines, Chris G. Mcdonough, Michael L. Epstein Jan 1995

Regulating Attorney Conduct: Specific Statutory Schemes V. General Regulatory Guidelines, Chris G. Mcdonough, Michael L. Epstein

Touro Law Review

No abstract provided.