Legal Ethics and Professional Responsibility Commons^™

The Foreign Notarial Legal Services Monopoly: Why Should We Care, 31 J. Marshall L. Rev. 945 (1998), Pedro A. Malavet

UIC Law Review

No abstract provided.

Promoting The Intermediate Benefits Of Strict Notary Regulation, 31 J. Marshall L. Rev. 819 (1998), Nancy Perkins Spyke

UIC Law Review

No abstract provided.

Steps Toward A Pedagogy Of Improvisation In Legal Ethics, 31 J. Marshall L. Rev. 1279 (1998), Jonathan M. Freiman

UIC Law Review

No abstract provided.

Dollywood Is Not Just A Theme Park In Tennessee Anymore: Unwarranted Prohibitory Human Cloning Legislation And Policy Guidelines For A Regulatory Approach To Cloning, 31 J. Marshall L. Rev. 1385 (1998), Paul Tully

UIC Law Review

No abstract provided.

Academic Dishonesty: Revoking Academic Credentials, 32 J. Marshall L. Rev. 67 (1998), Robert G. Johnston, Jane D. Oswald

UIC Law Review

No abstract provided.

Regulation Of Unethical Billing Practices: Progress And Prospects, Lisa G. Lerman

Scholarly Articles

During the last ten years billing fraud by lawyers has been recognized as a serious problem that undermines clients' trust of lawyers and the reputation of the profession as a whole. It used to be thought that lawyers who wanted to steal their clients' money would just take money out of the trust account. In recent years it has become clear that dishonest lawyers' methods of misappropriation are far more diverse than that.

The focus of this paper is on billing misconduct by lawyers who contract with their clients to bill by the hour. I will not talk about lawyers …

Allocation Of Decisionmaking Between Defense Counsel And Criminal Defendant: An Empirical Study Of Attorney-Client Decisionmaking, Rodney J. Uphoff

Faculty Publications

In Commonwealth v. Woodward, the highly publicized murder trial of an au pair accused of killing an infant in her care, the defense team faced a strategic decision commonly encountered at trial: whether to request or to object to lesser included jury instructions. Put simply, the Woodward defense team had to decide whether to ask for an instruction that would permit the jury to return a manslaughter verdict, or to object to such an instruction, leaving the jury only the choice either to acquit the defendant or to convict her of second degree murder as charged in the indictment. Undoubtedly …

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Foreword, Steven Epstein, Eric B. Fields, Jack E. Pace Iii, Staci Rosche

Fordham Urban Law Journal

This article seeks to address issues of lawyering under Legal Services Corporation (LSC) restrictions . We organized the conference as part of Fordham's Advanced Seminar in Ethics and Public Interest Law. We comprised a student working group in the class who worked to organize the conference with the Legal Aid Society and the Stein Center for Ethics and Public Interest Law. The conference, held on May 30, 1997, brought together practitioners, academics, and law students to discuss the delivery of legal services under the federal restrictions. In the remarks that follow, participants address the issues germane to lawyering under the …

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Address: The Future Of Legal Services, Alexander D. Forger

Fordham Urban Law Journal

This address focuses on what is the future of legal services? There will always be the ability to provide legal services for many of those in need. We are never going to reach all eligible clients or resolve all their problems. But it is essential to keep pressure on the federal government to play its essential role. How can it walk away from all of the mandates in our fundamental documents and leave it to charity to assume access to justice? There could be no more nobler cause with which to be associated, and no more dedicated and heroic figures …

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Constitutional Issues Panel, Matthew Diller

Fordham Urban Law Journal

There have been three lawsuits brought that deal with these constitutional issues, two challenges to the Regulations and one opposition to a motion to withdraw, which was the VarshavskyI case that Valerie Bogart talked about. The decision in the Varshavsky case is outside. There is also a preliminary injunction decision from the case brought in Hawaii,2 of which Steve Shapiro is one of the counsel, and that decision is outside. And then, still pending is a decision on a preliminary injunction motion in a case called Velasquez,3 which was brought in the Eastern District of New York. Here to address …

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Ethics Issues Panel, Russell G. Pearce

Fordham Urban Law Journal

This panel focuses on the ethical issues relating to the restrictions, and speakers include Helaine Barnett, Emily Sack, Steve Ellmann and Stephen Gillers.

The Standard Of Care In Legal Malpractice: Do The Model Rules Of Professional Conduct Define It?, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

This Article will review existing case law and commentary, and propose a new formula for application of rules of professional conduct in determining the standard of care to which attorneys should be held in malpractice cases. The authors will argue in favor of establishing a position that state rules of professional conduct create certain specific standards of lawyer behavior that constitute a minimum standard of conduct and a minimum standard of care for every individual attorney practicing in each jurisdiction.

Judge Hits Quality Of Appellate Advocacy (New York Law Journal), Bill Alden

News Articles

No abstract provided.

Teaching Moral Perception And Moral Judgment In Legal Ethics Courses: A Dialogue About Goals, Lisa G. Lerman

Scholarly Articles

The first topic discussed at the 1997 W.M. Keck Foundation Forum on the Teaching of Legal Ethics was setting goals for the teaching of professional responsibility.

In this Essay, I report some of the ideas that were exchanged during the discussion 17 and comment on a few of them. I also will discuss experimental teaching initiatives that some panelists have undertaken to implement their articulated goals. Then I will comment on some of the problems we encounter in setting goals for the teaching of professional responsibility and on the implications of these observations for our law schools' curricula.

Foreword To Symposium On "Should The Family Be Represented As An Entity?": Reexamining The Family Values Of Legal Ethics, Russell G. Pearce

Seattle University Law Review

This symposium on whether the family should be represented as an entity marks another milestone in the development of legal ethics as a field central to understanding the operation of law in our society, and not merely as a set of dry, largely irrelevant rules. It does so by acknowledging that ethical rules of lawyers who represent families have very real consequences for those families. Building on earlier efforts to address this topic, this symposium's authors confront what some commentators have described as the individualist impulse of the ethics codes and whether this impulse is beneficial or harmful to families.

The Power Of Narrative: Listening To The Initial Client Interview, Raven Lidman

Seattle University Law Review

As I thought about the hypothetical situations posed for consideration by this symposium, I envisioned distinct individuals in context, speaking particular words. I decided to write the initial consultation out as a dialogue to see what happened to the ideas and the interactions as these three, the lawyer, husband, and wife, explored them. I, thus, chose to turn a hypothetical into a real situation. By selecting this format, I was only able to focus on the first hypothetical. This one was perhaps the most challenging for me personally. As a feminist and a family law lawyer, I have struggled and …

Love Among The Ruins: The Ethics Of Counseling Happily Married Couples, Teresa Stanton Collett

Seattle University Law Review

This Article explores the professional tension experienced by lawyers when clients embrace an ideal of marriage as "the two shall become as one," in a legal system that has repudiated this understanding in favor of the "reality" of marriage as an association dedicated to the individual fulfillment of the man and woman involved. Part II describes the three purposes of estate planning that define the parameters of any proposed representation. Estate planning lawyers assist clients in minimizing taxes, directing gifts to particular beneficiaries, and insuring the continuing care of loved ones. The decision to accept or reject proposed representation often …

New Ethical Relationships Under Health Care's New Structure: The Need For A New Paradigm, Robert I. Field

Villanova Law Review (1956 - )

No abstract provided.

Kentucky Law Survey: Professional Responsibility, William H. Fortune

Kentucky Law Journal

No abstract provided.

Notre Dame Lawyer - Fall/Winter 1998, Notre Dame Law School

Notre Dame Lawyer

A Different Kind of Ethics-Lawyers as Healers and Peacemakers

Practical Ethics
The Ethics of the Death Penalty
The Center for Civil and Human Rights-Ethics on a Global Scale
Legal Research and Ethics
Social Justice and Professional Responsibility
Clinical Ethics-Ethics in the Law-Office Setting
Encouraging a Higher Standard

Healing and Peacemaking: Alternative Methods of Dispute Resolution

After Hours: With My Dad by Deborah Bauer

Medical Paradigms For Counseling: Giving Clients Bad News, Linda F. Smith

Utah Law Faculty Scholarship

When lawyers must give clients "bad news," they should draw upon the lessons that emerge from the world of medical counseling. Lawyers must be direct and candid about the state of affairs. They must fully describe how grim the situation appears nd explain why this is their opinion. They must enter into a dialogue in which the client's questions are answered and the client's feelings are respected and responded to. Lawyers must be self-aware in order to avoid re-sponding dysfunctionally to the client's reactions. They should show empathy and communicate hope to the "whole person" who is the client. Only …

The Attorney-Client Privilege, Ethical Rules, And The Impaired Criminal Defendant, James A. Cohen

University of Miami Law Review

No abstract provided.

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

Faculty Works

No abstract provided.

In Re Sealed Case: The Attorney-Client Privilege - Till Death Do Us Part, Casey Nix

Villanova Law Review (1956 - )

No abstract provided.

Professional Responsibility In Appellate Practice: A View From The Bench, Roger J. Miner '56

Law Practice

No abstract provided.

Ethics On The Web: An Annotated Bibliography Of Legal Ethics Material On The Internet, 28 Stetson L. Rev. 369 (1998), Darby Dickerson

UIC Law Open Access Faculty Scholarship

No abstract provided.

Deposition Dilemmas: Vexatious Scheduling And Errata Sheets, 12 Geo. J. Legal Ethics 1 (1998), Darby Dickerson

UIC Law Open Access Faculty Scholarship

No abstract provided.

Law Firms, Technology, And The Double-Billing Dilemma, 12 Geo. J. Legal Ethics 95 (1998), Kevin Hopkins

UIC Law Open Access Faculty Scholarship

No abstract provided.

A Practitioner's Review Of Civil Appeals Under The 1997 Texas Rules Of Appellate Procedure Comment., Reagan Wm. Simpson

St. Mary's Law Journal

Abstract Forthcoming.

Toward Permissive Appeal In Texas., Renee Forinash Mcelhaney

St. Mary's Law Journal

A comparison of April Marketing & Distributing Corp. v. Diamond Shamrock Refining & Marketing Co. (“April Marketing”), which pended in federal court, and Barshop v. Medina County Underground Water Conservation District (“Barshop”), which pended in state court, illustrates the value of permissive appeal. Both cases had many early procedural similarities. Yet, the cases differ because the federal court allowed for a permissive appeal; the state court did not. The two cases later diverged procedurally, when the federal case was able to appeal the trial court’s interlocutory order denying motion for summary judgment. Lacking this option, the state case was forced …