Legal Ethics and Professional Responsibility Commons^™

Let's Put Ourselves Out Of Business: On Respect, Responsibility, And Dialogue In Dispute Resolution, Jonathan R. Cohen

UF Law Faculty Publications

This Essay works in two steps. I want to daydream with you about the future, or what I hope will someday be the future, of our dispute resolution movement. I want to then use these imaginings to reflect upon where we are today. I want to suggest something that may at first seem odd: Our ultimate goal should be to put ourselves, or virtually put ourselves, out of business. Eventually, I hope the time will come when we live in a society where the expert services of dispute resolution professionals, including not only lawyers and judges but also mediators and …

Busting The Professional Trust: A Comment On William Simon’S Ladd Lecture, W. Bradley Wendel

Cornell Law Faculty Publications

It is truly an honor to be asked to Comment on the work of William Simon, one of the scholars who has done the most to contribute to the reputation of legal ethics as a field with intellectual rigor and depth, as well as one with significant implications for legal theory generally. The power of his critical faculties is unmatched: the platitudes offered by the organized bar in defense of the dominant view of legal ethics lie in tatters after the sustained assault in the first three chapters of The Practice of Justice. In fact, it can be difficult …

Informal Methods Of Enhancing The Accountability Of Lawyers, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

What Is A Reasonable Attorney Fee? An Empirical Study Of Class Action Settlements, Theodore Eisenberg, Geoffrey P. Miller

Cornell Law Faculty Publications

Determining an appropriate fee is a difficult task facing trial court judges in class action litigation. But courts rarely rely on empirical research to assess a fee’s reasonableness, due, at least in part, to the relative paucity of available information. Existing empirical studies of attorney fees in class action cases are limited in scope, and generally do not control for important variables. To help fill this gap, we analyzed data from all state and federal class actions with reported fee decisions from 1993 to 2002 in which the fee and class recovery could be determined with reasonable confidence.

We find …

How I Learned To Stop Worrying And Love Lawyer-Bashing: Some Post-Conference Reflections, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Rethinking "Like A Lawyer": An Incrementalist's Proposal For First-Year Curriculum Reform, John C. Kleefeld

Journal of Legal Education

No abstract provided.

Memo To M. Aizawa, Ifc Frm D. Hunter, An Ifc Policy On Procedures For Revising Policies, June 2003, David Hunter

IFC E&S Performance Standards

No abstract provided.

Failure To Advise Non-Citizens Of Immigration Consequences Of Criminal Convictions: Should This Be Grounds To Withdraw A Guilty Plea?, John J. Francis

University of Michigan Journal of Law Reform

In this Article, Professor Francis argues that non-citizen criminal defendants should be afforded greater latitude in withdrawing guilty pleas, when those pleas are made without awareness of potential immigration consequences. Moreover, the Article highlights the roles both judges and attorneys should play in ensuring that non-citizens do not enter into such uninformed pleas.

Noting that courts have characterized deportation as a collateral consequence of a criminal conviction, the article argues that deportation, following the passage of the Immigration and Naturalization Act of 1996, is unique in its severity and certainty. Many of the same due process considerations which underpin the …

Conflicts Of Interest Challenges Post Mickens V. Taylor: Redefining The Defendant's Burden In Concurrent, Successive, And Personal Interest Conflicts, Mark W. Shiner

Washington and Lee Law Review

No abstract provided.

When The Hurlyburly's Done: The Bar's Struggle With The Sec, Susan P. Koniak

Faculty Scholarship

Enron went bust. Global Crossing went bust. WorldCom went bust. And underneath all their apparent gold we found, not mere mistakes, but rot and more rot and more rot still. And the rot had to be named, and it was: accounting scandal. The name stuck, and names matter. Arthur Andersen knows.

May 1-2, 2003, Cao. Advisory Role Activities. Background Note For Reference Group., Cao

CAO General 1999-Present

No abstract provided.

May 1-2, 2003, Cao. Human Rights Context. Background Note For Reference Group., Cao

CAO General 1999-Present

No abstract provided.

May 1-2, 2003, Cao. Powerpoint Presentations On Cao Activities To Reference Group. Compliance Audit Role, Cao

CAO General 1999-Present

No abstract provided.

May 1-2, 2003, Cao. The Cao Website. Background Note For Reference Group., Cao

CAO General 1999-Present

No abstract provided.

May 1-2, 2003, Cao. Activities Under The Ombudsman Role. Background Note For Reference Group, Cao

CAO General 1999-Present

No abstract provided.

The Ethics Of Apology And The Role Of An Ombuds From The Perspective Of A Lawyer, Sharan Lee Levine, Paula A. Aylward

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University, March 20, 2003.

May 1-2, 2003, Cao. External Review. Background Note For Reference Group., Cao

CAO General 1999-Present

No abstract provided.

May 1-2, 2003, Cao. Strategic Planning Process. Background Note For Reference Group., Cao

CAO General 1999-Present

No abstract provided.

What Else Can You Do With A Law Degree?, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

Excerpt from Nonlegal Careers for Lawyers, the latest book in the ABA Career Series.

Clark Memorandum: Spring 2003, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Be Healers (Elder James E. Faust)
• Escape from the 85th Floor (Victor Guzman)
• Law School: A Sacred Experience (Jane H. Wise)
• Opening Doors (Edward L. Carter)
• Never Again Foundation (Edward L. Carter)

April 18, 2003, Cao. Ltr From M. Taylor To Reference Group Re Annual Mtg., Meg Taylor

CAO General 1999-Present

No abstract provided.

M. Cochester, Fpp, An Ngo Guide Toworld Bank's New Forests Policy, April 2003, Ifc

IFC E&S Performance Standards

No abstract provided.

To Speak Or Not To Speak, That Is The Question: The Impact Of Attorney-Client Privilege In Prosecuting The Death Of Dr. Eric Miller, William A. Oden Iii

Campbell Law Review

No abstract provided.

Partnerships And Facilitation: Mediators Develop New Skills For Complex Cases, Lela P. Love, Joseph B. Stulberg

Articles

No abstract provided.

April 2003, Cao. Extracting Sustainable Advantage. Rev. Of Ifc And Miga Extractive Projects. Final Report., Cao

CAO General 1999-Present

No abstract provided.

What Gets Judges In Trouble, Richard H. Underwood

Law Faculty Scholarly Articles

I wrote this article to collect some cautionary material about “what gets judges in trouble.” I wanted something I could offer to our state judges, practitioners, and my legal ethics students. While I have never been a judge, and while I have never worked for a judicial conduct organization, I have been a law professor for almost twenty-five years and the chairman of a state bar association ethics committee for fourteen. I am not the kind of person who would refrain from holding forth just because I may not know what I am talking about.

When I started out, I …

Reason And Authority In Legal Ethics, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Imagining The Criminal Law: When Client And Lawyer Meet In The Movies, J. Thomas Sullivan

University of Arkansas at Little Rock Law Review

No abstract provided.

Racial Discrimination In Jury Selection: Professional Misconduct, Not Legitimate Advocacy, Lonnie T. Brown, Jr.

Scholarly Works

This Article examines the paradox between the adversary and disciplinary systems' outward condemnation of discrimination in jury selection and their apparent simultaneous inward acceptance of such conduct as legitimate advocacy.

Nova Scotia Barristers’ Society V Leahey, Innis Christie, G Wayne Beaton, Charles T. Schafer, David K. Macdonald, Philip J. Star

Innis Christie Collection

he Hearing Panel of the Hearing Subcommittee, empanelled by the Chair of the Hearing Subcommittee in accordance with Regulation 40 of the Nova Scotia Barristers’ Society Regulations (hereafter, "the Regulations") made under the authority in s. 59 of the Barristers and Solicitors Act, R.S.N.S 1989, as am.(hereafter, "the Act") to hear and decide this matter, consisted of:

G. Wayne Beaton, QC

David K. Macdonald

Dr, Charles T. Schafer

Philip J. Star, QC

Innis Christie, QC, Chair

The Panel met to hear evidence and submissions by counsel on July 9, 10, 11 and12, and on August 14, …