Legal Ethics and Professional Responsibility Commons^™

Session One: Limits On Misleading Conduct

Mercer Law Review

A transcript featuring The Honorable Thomas Zlaket, Wm. Reece Smith, Jr., Esq., Professor Nathan Crystal, and Professor Amy Mashburn, Moderator

Session Two: Conditional Settlement Agreements

Mercer Law Review

A transcript featuring The Honorable Marvin Aspen, Evett Simmons, Esq., Professor Ronald Ellington, and Professor Bruce Green, Moderator

Resolving The Mdp Issue: Deciding If The Status Quo Is What's Best For The Client, Julia J. Hall

Mercer Law Review

On the forefront of the current debate surrounding legal ethics is the heated question of whether the legal profession should permit its members to participate in multidisciplinary practices or partnerships ("MDPs") and thereby share fees with nonlawyers. Currently, this conduct is prohibited by the Model Rules of Professional Conduct. This issue clearly has global implications for various professions desiring to partner with attorneys, and those persons with interest in this area have followed the debate closely as viewpoints are researched and expressed in support of one position over another. Nonetheless, the American Bar Association ("ABA") has effectively closed the door …

Hate And The Bar: Is The Hale Case Mccarthyism Redux Or A Victory For Racial Equality?, W. Bradley Wendel

Cornell Law Faculty Publications

The application of the constitutional free expression guarantee to the activities of the organized bar is one of the most important unexplored areas of legal ethics. In this essay I will consider in particular the question of whether an applicant may be denied admission to the bar for involvement with hateful or discriminatory activities. This question reveals the tension between the first amendment principle, established after the agonizing struggles of the McCarthy era, that no one may be denied membership in the bar because of his or her beliefs alone, and the plenary authority of bar associations to make predictive …

Through The Lens Of The Sequence, Ellen Wright Clayton

Vanderbilt Law School Faculty Publications

The completion of the rough draft of the human genome is a scientific feat worthy of celebration. But the media attention that has been devoted to the Human Genome Project demonstrates that most people are not as interested in what the sequence is as in what it means for individuals and for society, for good or for ill. My purpose in writing this essay is to discuss how the project was conducted here in the United States, and some of the implications of knowing the sequence (or more aptly, a sequence).

The Duty Of Confidentiality, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Lawyer Advertising In The Electronic Age, Ronald D. Rotunda, Louise L. Hill, Tom Spahn, Ted Allen, William Spruill

University of Richmond Law Review Symposium

The April 5, 2001 symposium consisted of an informal roundtable discussion for the presenters from 2:30-4:30 p.m., followed by a public evening program, from 6:00-8:30 p.m., which featured a role-playing portrayal of a mock disciplinary proceeding about a dispute over lawyer advertising.

Participants in the roundtable discussion were: Ronald D. Rotunda, the Albert E. Jenner, Jr. Professor of Law at the University of Illinois College of Law; Louise L. Hill, Professor of Law at the Widener University School of Law; and William Hornsby, Legal Counsel to the American Bar Association, Commission on Responsibility in Client Development.

The Moot Court program …

The Ethics Of Making The Body Beautiful: Lessons From Cosmetic Surgery For A Future Of Cosmetic Genetics, Sara Goering

Center for the Study of Ethics in Society Papers

This piece was originally published in the Philosophy and Public Policy Quarterly, Spring 2001 issue (from the Maryland Institute for Philosophy and Public Policy).

Attorney-Client Confidentiality And The Assessment Of Claimants Who Allege Posttraumatic Stress Disorder, Robert H. Aronson, Lonnie Rosenwald, Gerald M. Rosen

Washington Law Review

Posttraumatic Stress Disorder (PTSD) was first recognized by the American Psychiatric Association in 1980. A PTSD diagnosis requires an individual or individual's loved ones to have experienced a traumatic event that was a threat to life or physical integrity and caused the individual to react to the incident with a specific number of avoidance, reexperiencing, and hyper-arousal symptoms. Obtaining a PTSD diagnosis can be of great value to a personal-injury plaintiff who claims damages due to a traumatic event. Further, if the traumatic event is unquestioned and the individual reports the classic symptoms, a PTSD diagnosis is relatively easy to …

Session One: Limits On Misleading Conduct, Thomas Zlaket, William Reece Smith Jr., Nathan Crystal, Amy R. Mashburn

UF Law Faculty Publications

A Transcript Featuring the Honorable Thomas Zlaket, Wm. Reece Smith, Jr., Esq., Professor Nathan Crystal, and Professor Amy Mashburn, Moderator from the symposium - Ethical Issues in Settlement Negotiations, Session One: Limits on Misleading Conduct.

When People Are The Means: Negotiating With Respect, Jonathan R. Cohen

UF Law Faculty Publications

Most scholarship on negotiation ethics has focused on the topics of deception and disclosure. In this Article, I argue for considering a related, but distinct, ethical domain within negotiation ethics. That domain is the ethics of orientation. In contrast to most forms of human interaction, a clear purpose of negotiation is to get the other party to take an action on one's behalf, or at least to explore that possibility. This gives rise to a core ethical tension in negotiation that I call the object-subject tension: how does one reconcile the fact that the other party is a potential means …

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

The Clark Memorandum

• Confirm Thy Soul in Self-Control (Elder D. Todd Christofferson)
• Lawyers and the Atonement (Thomas B. Griffith)
• Where the Rubber Meets the Road (David Bargatze)
• Duty to Rescue (Tessa M. Santiago)

Morality, Motivation, And The Professionalism Movement, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Experience And Legal Ethics Teaching, James E. Moliterno

Faculty Publications

No abstract provided.

Legal Ethics And Jurisprudence From Within Religious Congregations, Thomas L. Shaffer

Journal Articles

The Rabbis of the Talmud were a community for moral discernment—a community commissioned by God to interpret the Word of God. Their story is theology. Michael Scanlon, a modem Roman Catholic thinker, assumes such a theology and adds anthropology.

The Rabbis assume and Scanlon describes a community for ethical discernment. It is a perception—somewhat empirical, somewhat theological—that is important and neglected for lawyers in academic jurisprudence and in religious legal ethics. My argument here is that what lawyers should do about "ethical dilemmas" in professional practice can be discerned in the sort of community the Talmud describes, and Scanlon describes, …

The Judiciary In The United States: A Search For Fairness, Independence And Competence, Stephen J. Shapiro

All Faculty Scholarship

Alexander Hamilton referred to the judiciary as “the least dangerous branch” because it could neither make nor enforce the law without help from the other two branches of government. In the years since then, however, courts and judges in the United States have assumed a much more prominent role in society. American judges preside over criminal trials and sentence those convicted, decide all kinds of civil disputes, both large and small, and make important decisions involving families, such as child custody. They have also become the primary guarantors of the civil and constitutional rights of American citizens.

The case of …

3rd Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 3rd Annual Computer & Technology Law Institute held by UK/CLE in March 2001.

March 1, 2001, Cao Rules Of Procedures, Meg Taylor

CAO General 1999-Present

No abstract provided.

Is It Educational Malpractice Not To Teach Comparative Legal Ethics?, Susan Saab Fortney

Faculty Scholarship

This article addresses the importance of teaching legal ethics in law schools. After a brief introduction, this article outlines several reasons why it is necessary to have formal ethical training in law schools. The article then explains the different methods of teaching legal ethics that are utilized in the United States. The article also details why it is important and how to teaching comparative legal ethics in law schools due to increased globalization. The article concludes by identifying sources, such as the internet, for teaching comparative legal ethics.

Feb. 5, 2001, Letter From D. Hunter And C. Saladin, Ciel, To Meg Taylor, David Hunter, Claudia Saladin

CAO General 1999-Present

No abstract provided.

Morality And God, John Hare

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, January 18,2001 with the title, "Does Morality Need God?"

Learning To Be A Lawyer: Transition Into Practice Pilot Project, Sally Evans Winkler, C. Ronald Ellington, John T. Marshall

Popular Media

"A law student, upon graduation, is not a finished product," a respected law school dean observed. A practicing lawyer might add: "A lawyer, upon passage of the Bar examination, is not a finished product." To determine ways new lawyers can be helped in moving up the steep learning curve that separates law students from competent professionals, the State Bar of Georgia, through its Committee on the Standards of the Profession, is conducting a Transition into Practice Pilot Project.

The Principles Of Justice, Richard W. Wright

All Faculty Scholarship

No abstract provided.

Judicial Comments On Pending Cases: The Ethical Restrictions And The Sanctions – A Case Study Of The Microsoft Litigation, Ronald D. Rotunda

Law Faculty Articles and Research

No abstract provided.

The Ermine And Woolsack: Disciplinary Proceedings Involving Judges, Attorney-Magistrates, And Other Judicial Figures, David R. Cleveland, Jason Masimore

Law Faculty Publications

No abstract provided.

The Next Century Of Legal Thought, Steven L. Winter

Law Faculty Research Publications

No abstract provided.

A Preacher's Teacher: Lessons On Ministry From One Who Proclaims The Word, Craig Mousin

Mission and Ministry Publications

No abstract provided.

Legal Ethics & Religion: An Oxymoron Essay, Helen Berrigan

St. Thomas Law Review

This topic originated in an annual CLE lecture, to be given at the end of the year for procrastinating lawyers who needed "that hour of ethics" to comply with local bar association requirements. Having done this type of lecture before. I wanted to do something different - step back from the trees and look at the forest. Given that it was then the holiday season for Christians and Jews, a religious topic seemed appropriate. As someone without a formal religious background, and one who is wary of people who openly espouse religious views, I realized this would be a good …

Are Medical Ethics Different From Legal Ethics?, Mervin H. Needell

St. Thomas Law Review

In this paper I shall compare and contrast some relevant ethical positions of legal and medical precepts and practices which seem to suggest or predispose to a professional bias. I derive these conclusions from official positions contained in institutional accounts, such as case law or treatises. Even if such comparisons do not make a convincing case for professional bias, they should still provide some insight into the ways in which the thought processes of lawyers and doctors do or do not differ. Although the words "moral" and "ethical" are often used interchangeably, if a distinction must be made here, I …

Counseling The Client: An Administrator's View, Daniel A. Degnan

Fordham Urban Law Journal

This Article examines what natural law is and how it should be used as an approach for lawyers. The article first describes that the theory of natural law and positive law is to attain the goal of effecting the common good. Daniel Degnan considers cases from his experience as a law school dean and how the counselors in those cases made good use of a natural law approach. Although the lawyers in all these cases were practitioners advising clients, elements of the common good seems to have been implicit in their handling of every one of the cases. He explains …