Legal Ethics and Professional Responsibility Commons^™

Ethical Tax Problems In Tax Practice, L. Paige Marvel, Paula M. Junghans

William & Mary Annual Tax Conference

No abstract provided.

A Critique Of Burrow V. Arce, Charles Silver

William & Mary Environmental Law and Policy Review

No abstract provided.

Lawyers' Ethics And Fiduciary Obligation In The Brave New World Of Aggregative Litigation, Lester Brickman

William & Mary Environmental Law and Policy Review

No abstract provided.

An Empirical Study Of Associate Satisfaction, Law Firm Culture, And The Effects Of Billable Hour Requirements - Part One, Susan Saab Fortney

Faculty Scholarship

This article considers billing practices, the effects of hourly billing pressure, and firm culture as reflected in a survey of associates in Texas law firms. Part I of this article reports the empirical information from the survey. This information includes insight into the toll an increase in billable hour requirements has taken on legal practitioners and the consequent affect on the legal field. Part II discusses what the data means and how it might be used to improve the outlook for attracting and retaining good associates.

Nov. 28, 2002, Review Of Ifc's Safeguard Policies Final Approach Paper, Cao

CAO General 1999-Present

No abstract provided.

When Hope Unblooms: Chance And Moral Luck In The Fiction Of Thomas Hardy, Jil Larson

Center for the Study of Ethics in Society Papers

Paper presented at the Center for the Study of Ethics in Society at Western Michigan University, September 20, 2001.

Unreasonable Probability Of Error, Jed Handelsman Shugerman

Faculty Scholarship

In Strickland v. Washington, the Supreme Court sought to create a uniform standard to guarantee effective assistance of counsel to criminal defendants, to "ensure a fair trial," and to assure the reliability of "a just result."' Justice O'Connor's majority opinion created a two-pronged test for overturning a trial verdict: deficient performance and resulting prejudice. The Court explicitly established a difficult burden for proving deficient performance,² but set a moderate standard for prejudice as the "reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient …

Nonlegal Regulation Of The Legal Profession: Social Norms In Professional Communities, W. Bradley Wendel

Vanderbilt Law Review

In this Article, Professor Wendel analyzes the advantages and disadvantages of community-based responses to unethical behavior by lawyers. The limits of formal legal regulation of the legal profession are well known. Additional questions have been raised about the efficacy of motivating lawyers to act ethically merely by giving appropriate instruction. What is left, therefore, is a complex and little-studied, but very real, array of informal sanctions. These sanctions are controlled by individual members of the professional community, not by the court or organized bar, and therefore operate largely without the transparency and procedural regularity of formal legal regimes. The advantage …

Now You See It, Now You Don't: Depublication And Nonpublication Of Opinions Raise Motive Questions, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The basis for these comments is a decision last year by the Eighth Circuit Court of Appeals in Anastasoff v. United States. The court held that an Eighth Circuit local rule, which authorized nonpublication of opinions and explicitly stated that unpublished opinions were to have no precedential effect, was unconstitutional. The panel, in an opinion by Judge Richard S. Arnold, reasoned that a court rule purporting to confer upon appellate judges an absolute power to decide which decisions would be binding and which would not be binding went well beyond the “judicial power” within the meaning of Article III of …

Clark Memorandum: Fall 2001, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• The Doctrine of Religious Freedom (W. Cole Durham)
• Practicing Law with the Attributes of Jesus Christ (Elder Earl C. Tingey)
• Civic Virtue (Seth P. Waxman)
• Filling Scott Cameron's Shoes

Nonlegal Regulation Of The Legal Profession: Social Norms In Professional Communities, W. Bradley Wendel

Cornell Law Faculty Publications

What should be done about lawyers who persist in violating ethical norms that are not embodied in positive disciplinary rules? That question has been a recurrent theme in recent legal ethics scholarship. One response has been to propose, experiment, amend, tinker, draft, comment, and redraft, in an attempt to codify the standard of conduct observed to be flouted widely by the practicing bar. Bar associations and courts are seemingly engaged in a never-ending process of promulgating new codes of professional conduct or rules of procedure under which lawyers may be sanctioned for such conduct as bringing frivolous lawsuits, abusing the …

Lawyer Crimes: Beyond The Law?, Charles W. Wolfram

Cornell Law Faculty Publications

In Hell There Will Be Lawyers Without Clients Or Law, Susan P. Koniak, George M. Cohen

Faculty Scholarship

More than twenty years ago, moral philosopher Richard Wasserstrom framed the debate in legal ethics by asking two questions. Does the lawyer's duty to zealously represent the client, constrained only by the bounds of the law, render the lawyer "at best systematically amoral and at worst more than occasionally immoral in ... her dealings with the rest of mankind[?]" And is the lawyer's relationship with the client likewise morally tainted in that it generally entails domination by the lawyer over the client rather than mutual respect? Wasserstrom answered both questions affirmatively. Though these questions have preoccupied legal ethics scholars ever …

Attorney Fact-Finding, Ethical Decision-Making And The Methodology Of Law, Robert Rubinson

All Faculty Scholarship

This Article explores the significance, challenges, and complexities of attorney fact-finding in ethical decision-making. Almost all discourse about legal ethics, from the pedagogical to the scholarly to the practical, takes facts for granted in order to focus on issues about ethical rules. The factual dimension of ethical decision-making, however, is critical to the decision-making process and can be subjected to rigorous and systematic study. Indeed, it is lawyers in a situation who engage in ethical decision-making, and such a situation entails the assimilation and interpretation of many sources of information. Such a process necessarily includes the motivations and ambivalence of …

When Lawyers Break The Law: How The District Of Columbia Court Of Appeals Disciplines Members Of The Bar Who Commit Crimes, Larry Cunningham

University of the District of Columbia Law Review

No abstract provided.

The Impact Of The Close Relationship Between American Law Schools And The Practicing Bar, Lawrence C. Foster

Journal of Legal Education

No abstract provided.

Clinical Legal Education In The United States: In-House Clinics, Externships, And Simulations, Elliott S. Milstein

Journal of Legal Education

No abstract provided.

The Aba's Standards For The Accreditation Of Law Schools, Robert K. Walsh

Journal of Legal Education

No abstract provided.

Conference Program

Freedman Institute for the Study of Legal Ethics Conferences

No abstract provided.

Jul. 5, 2001, P. Woicke, Ifc Evp, Letter To F. Seymour, Wri, Re Ifc Envtl Record, Peter L. Woicke

IFC E&S Performance Standards

No abstract provided.

Tainted Prosecution Of Tainted Claims: The Law, Economics, And Ethics Of Fighting Medical Fraud Under The Civil False Claims Act, Dayna Bowen Matthew

Indiana Law Journal

No abstract provided.

Legal Scholarship As A Vocation, David Luban

Journal of Legal Education

No abstract provided.

The Professional Responsibilities Of Professors, Deborah L. Rhode

Journal of Legal Education

No abstract provided.

May 3, 2001, Agenda, Mtg Of Cao Ref. Grp. W Attachments, Cao

CAO General 1999-Present

No abstract provided.

A Transcript Of The March 10, 2001 Luncheon Speech, Patrick E. Higginbotham

Mercer Law Review

Introduction of Judge Higginbotham by Professor Patrick Longan

Judge Higginbotham comes to us from Dallas. He has had a very distinguished career. He was a United States District Judge in Dallas for seven years and then was appointed to the United States Court of Appeals for the Fifth Circuit. In addition to his judicial duties, he has served in a number of capacities throughout his career. Most recently he served a four-year term as president of the American Inns of Court Foundation. He has served as the Chairman of the Advisory Committee on Civil Rules. He has done a number …

Symposium Introduction - Ethics In Settlement Negotiations: Foreward, Patrick Emery Longan

Mercer Law Review

On March 9 and 10, 2001, Mercer University's Walter F. George School of Law and its Mercer Center for Legal Ethics and Professionalism held a Symposium on ethical issues in settlement negotiations. Funding for the Symposium came from a consent order, signed by United States District Judge Hugh Lawson, in which the DuPont Corporation settled claims of litigation misconduct in exchange for a payment of $11 million. Each of the four accredited law schools in Georgia received $2.5 million to endow a faculty chair in ethics and professionalism, and the other $1 million was set aside to endow an annual …

Symposium Article - The Incompleteness Of The Model Rules And The Development Of Professional Standards, Nathan M. Crystal

Mercer Law Review

Rules and standards of professional conduct are proliferating. In November 2000, the American Bar Association's ("ABA's") Ethics 2000 Commission released its final report recommending changes in the ABA's Model Rules of Professional Conduct. Earlier in the year the American Law Institute ("ALI") issued its long awaited Restatement of the Law Governing Lawyers.

The Model Rules and the Restatement are similar in two respects. Both contain detailed rules and both are comprehensive, covering relationships between lawyers and their clients, the courts, and third parties. Standards prepared by other organizations, however, have taken a narrower approach. Some have focused on particular activities …

Session Three: Fairness Issues In Negotiation

Mercer Law Review

No abstract provided.

Session Four: Special Issues In Assisted Settlement

Mercer Law Review

No abstract provided.

Symposium Speech - Those Who Worry About The Ethics Of Negotiation Should Never Be Viewed As Just Another Set Of Service Providers, Lawrence J. Fox

Mercer Law Review

It is an honor to address this distinguished group of lawyers and law students this evening as part of the very first Symposium funded by the duPont Company's generosity by way of Judge Lawson. The issues important themes in the bigger professional responsibility arena, and examining them with this level of care can inform the profession more widely.

It is ironic then that when Professor Pat Longan invited me to give the keynote address, he himself negotiated my appearance in a highly questionable manner. "Would I like to be the keynote speaker at this upcoming Symposium?" Would I? Of course, …