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Legal Ethics and Professional Responsibility Commons

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1996

Discipline
Institution
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Publication
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Articles 31 - 60 of 153

Full-Text Articles in Legal Ethics and Professional Responsibility

The Trouble With The Adversary System In A Post-Modern, Multi-Cultural World, Carrie Menkel-Meadow Oct 1996

The Trouble With The Adversary System In A Post-Modern, Multi-Cultural World, Carrie Menkel-Meadow

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Aba Regulation Of Contingency Fees: Money Talks, Ethics Walks, Lester Brickman Oct 1996

Aba Regulation Of Contingency Fees: Money Talks, Ethics Walks, Lester Brickman

Articles

No abstract provided.


The Good, The Bad, And The Frivolous Case: An Essay On Probability And Rule 11, Charles M. Yablon Oct 1996

The Good, The Bad, And The Frivolous Case: An Essay On Probability And Rule 11, Charles M. Yablon

Articles

This essay begins by asking why lawyers bring frivolous cases, cases which, under the standard definitions of frivolousness, have no chance of success and should never have been brought. Rejecting the usual answers of lawyer stupidity and greed, it offers a different view of the frivolous case --that most of the cases that have been challenged and sanctioned in recent years under Rule 11 were brought by lawyers bringing cases they reasonably believed had a low (but not zero) probability of success. This provides a more plausible explanation for wy lawyers persist in bringing such cases, since they are essentially …


The Dilemma Of Corporate Counsel Faced With Client Misconduct: Disclosure Of Client Confidences Or Constructive Discharge, H. Lowell Brown Oct 1996

The Dilemma Of Corporate Counsel Faced With Client Misconduct: Disclosure Of Client Confidences Or Constructive Discharge, H. Lowell Brown

Buffalo Law Review

No abstract provided.


Congressional Ethics And Constitutent Advocacy In An Age Of Mistrust, Ronald M. Levin Oct 1996

Congressional Ethics And Constitutent Advocacy In An Age Of Mistrust, Ronald M. Levin

Michigan Law Review

Like lawyer-bashing, Congress-bashing seems never to go out of style. As every newspaper reader knows, and as public opinion surveys confinn, the public's regard for the legislative branch has been discouragingly low for years. One of the incidents that has done most to fuel this mood is the Keating Five affair. The Senate Ethics Committee's decision in the Keating case, which has been called "the ultimate metaphor for political corruption," provides a fitting prologue for this article's theme: the ethical dimensions of intervention by members of Congress into administrative agency proceedings.


Clark Memorandum: Fall 1996, J. Reuben Clark Law Society, J. Reuben Clark Law School Oct 1996

Clark Memorandum: Fall 1996, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


Speculating On The Future Of Attorney Responsibility To Nonclients, Barbara Glesner Fines Oct 1996

Speculating On The Future Of Attorney Responsibility To Nonclients, Barbara Glesner Fines

Faculty Works

No abstract provided.


Rule, Story, And Commitment In The Teaching Of Legal Ethics, Roger C. Cramton, Susan P. Koniak Oct 1996

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 Oct 1996

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.


Jim's Modest Proposal, Kenney F. Hegland Oct 1996

Jim's Modest Proposal, Kenney F. Hegland

William & Mary Law Review

No abstract provided.


Comment On Moliterno, Legal Education, Experiential Education, And Professional Responsibility, Lance Liebman Oct 1996

Comment On Moliterno, Legal Education, Experiential Education, And Professional Responsibility, Lance Liebman

William & Mary Law Review

No abstract provided.


Legal Education, Experiential Education, And Professional Responsibility, James E. Moliterno Oct 1996

Legal Education, Experiential Education, And Professional Responsibility, James E. Moliterno

William & Mary Law Review

No abstract provided.


Rule, Story, And Commitment In The Teaching Of Legal Ethics, Roger C. Cramton, Susan P. Koniak Oct 1996

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

William & Mary Law Review

No abstract provided.


Ethical Commitments, Anthony V. Alfieri Oct 1996

Ethical Commitments, Anthony V. Alfieri

William & Mary Law Review

No abstract provided.


Comment On Rule, Story, And Commitment In The Teaching Of Legal Ethics, By Roger C. Cramton And Susan P. Koniak, John M. Levy Oct 1996

Comment On Rule, Story, And Commitment In The Teaching Of Legal Ethics, By Roger C. Cramton And Susan P. Koniak, John M. Levy

William & Mary Law Review

No abstract provided.


Should Lawyers Obey The Law?, William H. Simon Oct 1996

Should Lawyers Obey The Law?, William H. Simon

William & Mary Law Review

No abstract provided.


Legal Ideals And Moral Obligations: A Comment On Simon, David Luban Oct 1996

Legal Ideals And Moral Obligations: A Comment On Simon, David Luban

William & Mary Law Review

No abstract provided.


In Defense Of Law And Morality: Why Lawyers Should Have A Prima Facie Duty To Obey The Law, David B. Wilkins Oct 1996

In Defense Of Law And Morality: Why Lawyers Should Have A Prima Facie Duty To Obey The Law, David B. Wilkins

William & Mary Law Review

No abstract provided.


Stevens's Professionalism And Ours, David Luban Oct 1996

Stevens's Professionalism And Ours, David Luban

William & Mary Law Review

No abstract provided.


Principled Opinions: Response To Brickman, Susan P. Koniak Oct 1996

Principled Opinions: Response To Brickman, Susan P. Koniak

Faculty Scholarship

Professor Brickman is not pleased. Indeed, he is outraged, if the sound and fury of his article is to be taken at face value. He and twenty-five others, lawyers and legal educators, sent the American bar Association Standing Committee on Ethics and Professional Responsibility (the "Committee" or "Ethics Committee") a letter (the "Letter") asking for an opinion. They got one which Professor Brickman describes as "wrong as a matter of ethics law, malevolent as a matter of public policy, disingenuous in its presentation, unfounded it [its] critical assumptions ... and blatantly self-interested in elevating lawyers' financial interests above their traditional …


Rules, Story And Commitment In The Teaching Of Legal Ethics, Roger C. Cramton, Susan P. Koniak Oct 1996

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

Faculty Scholarship

The ABA requires each "approved" law school to provide each student "instruction in the duties and responsibilities of the legal profession." First adopted in August, 1973, in the midst of the Watergate disclosures, this requirement has never been interpreted and is infrequently referred to or enforced in the accreditation process. The professional responsibility requirement is the only substantive teaching requirement imposed by the ABA.

Should the ethics teaching requirement be scrapped? We consider that question in Part I. Although we ultimately conclude the rule should be maintained, we believe this fundamental question must be asked. Given the disdain many legal …


Under Cloak Of Settlement, Susan P. Koniak Oct 1996

Under Cloak Of Settlement, Susan P. Koniak

Faculty Scholarship

In this Article, we discuss examples of class action settlements in which the conduct allegedly engaged in by class counsel-and in some instances by the defendants and their lawyers--could constitute a civil wrong or a criminal act under state or federal law, but a court nevertheless blessed the conduct by approving the settlement. We argue that the findings made by federal and state courts in blessing these settlements, namely, findings on the adequacy of class counsel, the lack of collusion between class counsel and the defendants, and the fairness of the settlement terms, should not immunize the conduct of the …


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.


Aug. 1996, R. Frank, Managing Director, Letter To A. Wilks Bwp Re Envtl Policies In Guarantees, Alex Wilks Aug 1996

Aug. 1996, R. Frank, Managing Director, Letter To A. Wilks Bwp Re Envtl Policies In Guarantees, Alex Wilks

IFC E&S Performance Standards

No abstract provided.


Our Publication Series, Joseph Ellin Aug 1996

Our Publication Series, Joseph Ellin

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, September 28, 1995.


The Place Of Ethics Centers In Higher Education, Douglas Ferraro Aug 1996

The Place Of Ethics Centers In Higher Education, Douglas Ferraro

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, September 28, 1995.


The First Ten Years, Michael Pritchard Aug 1996

The First Ten Years, Michael Pritchard

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, September 28, 1995.


Ethics At The End Of The Century: A Mosaic Form Genesis To Genetics, David H. Smith Aug 1996

Ethics At The End Of The Century: A Mosaic Form Genesis To Genetics, David H. Smith

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, September 28, 1995.


The Ethics Center: Tenth Anniversary, Wmu Center For The Study Of Ethics In Society Aug 1996

The Ethics Center: Tenth Anniversary, Wmu Center For The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, September 28, 1995.


Rediscovering Discovery Ethics, W. Bradley Wendel Jul 1996

Rediscovering Discovery Ethics, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.