Legal Ethics and Professional Responsibility Commons^™

Optrex And The Attorney-Client Privilege: Implications And Potential Significance, 39 J. Marshall L. Rev. 1 (2005), Sandra Liss Friedman, Helena D. Sullivan

UIC Law Review

No abstract provided.

Remands In Trade Adjustment Assistance Cases, 39 J. Marshall L. Rev. 9 (2005), Munford Page Hall Ii

UIC Law Review

No abstract provided.

An Importer's Election: Whether To Invoke Attorney Advice In Defense Or To Preserve Privilege, 39 J. Marshall L. Rev. 17 (2005), Patricia M. Mccarthy

UIC Law Review

No abstract provided.

What Does Optrex Mean For The Customs Bar?, 39 J. Marshall L. Rev. 23 (2005), John B. Pellegrini

UIC Law Review

No abstract provided.

Greed Among American Lawyers, Lisa G. Lerman

Scholarly Articles

No abstract provided.

Ethics In Medicine: With A Special Focus On The Concepts Of Sex And Gender In Intersex Management, Natascha Gruber

Cardozo Journal of Equal Rights & Social Justice

The article critiques the binary sex/gender system and its application in intersex medical management, arguing that it leads to harmful practices. It proposes a more flexible model to respect individual autonomy and reduce medical intervention, promoting ethical treatment that prioritizes patient consent and well-being.

Expanding Attorney Liability To Third Party Adversaries For Negligence, Jody M. Offutt

West Virginia Law Review

No abstract provided.

The Nirvana Fallacy In Law Firm Regulation Debate, Elizabeth Chambliss

Fordham Urban Law Journal

This Article addresses self-regulation in the legal industry. Lawyers have traditionally resisted the benefits of bureaucratic management. This Article highlights that many lawyers fear that centralized management controls with regard to regulation will undermine individual accountability. This article does not agree with that sentiment. This article uses data to suggest that centralized management, i.e. specialists in charge, may significantly improve individual accountability and compliance with professional rules. This article really reviews what it feels like are misconstrued assumptions about regulation at law firms. This Article argues that the nostalgia for an idealized collegial form has prevented legal scholars and regulators …

The Billable Hours Derby: Empirical Data On The Problems And Pressure Point, Susan Saab Fortney

Fordham Urban Law Journal

This Article addresses the frustration with billable hours in large law firms. The Author gathered empirical data to gauge the short and long-term effects of increases in billable hour expectations. An empirical study was conducted in 1999-2000 of associate satisfaction, law firm culture, and billing practices. The Article compares these findings to a 2005 NALP study on billable hours and a Work-Life split. The Article concludes by considering what forces and players will change the current course of conduct in which law firm leaders treat increases in billable hours expectations as a necessary evil. The studies show the costs and …

How Law Firms Can Do Good While Doing Well (And The Answer Is Not Pro Bono), Russell Pearce

Fordham Urban Law Journal

This Essay looks at whether large law firm business lawyers can do good in today’s society. The author describes the change in the large law firm mentality since the 1960s – most specifically the shift to a focus centered solely on making money. The Article looks at the changes in the legal profession that facilitated this shift. The author proposes that instead of trying to separate making money and doing well, the legal profession should try to integrate the two. The Essay proposes specific suggestions to accomplish this goal, including the creation of a new Model Rule that would restore …

The Professionalization Of Ethics, Margaret Raymond

Fordham Urban Law Journal

This Article looks at the importance of teaching law graduates to be ethical lawyers. The author hypothesizes that the current versions of the ethical rules and the structure of law firms have the potential to encourage the professionalization of ethics rather than connecting all practitioners to the values of professional responsibility. This Article sets out the factors that contribute to the increased professionalization of professional responsibility in large law firms. These factors are the need for lawyers to always be accessible, the pressure to specialize in a specific field, and the complexity of the ethics rules as written. The author …

Marilyn & Ed Bellet: A Dedication, William Michael Treanor

Fordham Urban Law Journal

This Essay was a dedication to Ed and Marilyn Bellet, benefactors of Fordham Law’s ethics and professionalism programs. The Bellets created the Louis Stein Center for Law and Ethics, which educates both the public and lawyers about the importance of the rule of law. The author examines the life of the Bellets and their commitment to Fordham Law.

The Evils Of “Elasticity”: Reflections On The Rhetoric Of Professionalism And The Part-Time Paradox In Large Firm Practice, Amelia J. Uelmen

Fordham Urban Law Journal

This Essay is an examination of part-time arrangements at large law firms. The author sets out to start a conversation about professional life and identity in a large firm context.. Part I looks at the commercialization of large law firm practice and how that has created a “crisis” in legal practice. Part II compares the “tyranny of the billable hours” with the dedication to “client service.” The author considers part time work with both of these elements. Part III confronts the cultural obstacles to part-time work. Here, the author acknowledges that even the analysis is accepted there are still cultural …

Alleged Conflicts Of Interest Because Of The “Appearance Of Impropriety”, Ronald D. Rotunda

Law Faculty Articles and Research

No abstract provided.

The Practical Soul Of Business Ethics: The Corporate Manager's Dilemma And The Social Teaching Of The Catholic Church, Leo L. Clarke, Bruce P. Frohnen, Edward C. Lyons

Seattle University Law Review

This Article focuses on and attempts to dispel an overly narrow view of the moral responsibilities of corporations and their managers. Many businessmen and lawyers, relying on prevailing approaches to business ethics, labor under the misperception that the moral ladder in the business world has only one rung: "Be honest." Americans, however, should, can and do expect more from the managers of our large corporations, and virtually every Fortune 100 company publicly espouses a "social responsibility" far exceeding mere honesty. Further, as is demonstrated, American jurisprudence is consistent with those expectations. This Article's thesis is that Catholic Social Teaching provides …

The Code For Corporate Citizenship: States Should Amend Statutes Governing Corporations And Enable Corporations To Be Good Citizens, Elisa Scalise

Seattle University Law Review

Corporations are important social actors. They are created by law and create products, services, jobs, and wealth upon which modem societies rely. Investments injected by corporations bring jobs, capital, and technology to communities, thereby raising living standards and creating derivative rights such as education, health and housing, and political freedoms. Modem corporations allow entrepreneurs to raise massive amounts of capital for large projects and research, which results in innovation and a wide range of products and services. However, these same corporations can also cause social harm. They are structured in such a way that it is possible for agents in …

U.S. Legal Ethics: The Coming Of Age Of Global And Comparative Perspectives, Laurel Terry

Faculty Scholarly Works

This Article reviews the influence of comparative law during the past 100 years and then divides the last 100 years into three distinct comparative legal ethics eras. The first era consists of the time period between 1904 and 1973, during which there was both domestic and comparative legal ethics scholarship, although a relatively small amount compared to later years. The second time period, which dates from 1974, when legal ethics became a required course, to 1997, represents the coming of age of domestic legal ethics scholarship. This time period also included a significant amount of legal ethics scholarship employing a …

Representing Children And Youth, Donald N. Duquette, Marvin Ventrell

Book Chapters

Quality legal representation of all parties is essential to a high-functioning dependency court process. Quality legal representation of children in particular is essential in obtaining good outcomes for children. An adversarial court process that depends on competing independent advocacy to provide information will not produce good outcomes for litigants who lack competent advocates. Dependency court decisions are as good as the information on which the decisions are based. In order to promote the welfare of children in dependency court, therefore, children must be provided with competent independent legal representation.

The Intersection Of Evaluation Be Mediators And Informed Consent: Warning The Unwary, Lela P. Love, John W. Cooley

Articles

No abstract provided.

Attorney Liability Under The State Securities Laws: Landscapes And Minefields, Marc I. Steinberg, Chris Classen

Faculty Journal Articles and Book Chapters

Attorneys face significant liability exposure under the state securities laws, and they can be held primarily liable when they are "sellers" of securities, or under some state statutes, like California, when they are experts. Depending on the applicable jurisdiction and counsel's status relative to the subject client, secondary liability may be incurred. In a number of states, counsel has liability exposure based on materially aiding the primary violator with the requisite intent.

This article surveys and analyzes attorney liability under state securities law. After presenting a succinct overview of applicable state law in Part II, the article then provides a …

Determining The Indeterminate Defect., J. Gregory Marks

St. Mary's Law Journal

Abstract Forthcoming.

Laying Down The Law: Bringing Down The Legal Cartel In Real Estate Settlement Services And Beyond, Margaret O. Rentz

Georgia Law Review

America is in the midst of an explosion in the demand for legal services, yet few Americans can afford to pay the ever-increasing cost of legal fees and are thus continually deprived of access to the legal system. Non lawyers have responded to this problem by entering the market and attempting to provide basic legal services at deeply discounted rates. Under the guise of "consumer protection," the bar has responded by blocking non lawyers from 'practicing law" with unauthorized practice statutes. A debate has emerged over whether UPL statutes actually serve American consumers or merely guard the legal cartel's economic …

Earnings Management As A Professional Responsibility Problem, William H. Simon

Faculty Scholarship

Not infrequently, managers of public companies propose to do things – rearrange their operations, restructure assets and liabilities, sell and buy property – solely for the purpose of achieving accounting effects they desire. Most often they want an increase in current reported earnings per share, though sometimes they prefer a current decrease in the earnings they would otherwise report when it will allow them to show a smoothly increasing pattern of earnings in the future.

Sometimes the desired effects require outright lying or violations of Generally Accepted Accounting Principles (GAAP), in which cases the maneuvers are plainly illegal. But even …

Corporate Responsibility: Ensuring Independent Judgment Of The General Counsel - A Look At Stock Options, Z. Jill Barclift

Faculty Scholarship

Recent corporate scandals and allegations of corporate fraud in public companies have most people asking how things went so wrong. When looking to assess blame for corporate malfeasance, many ask, “Where were the lawyers?” In several high-profile corporate fraud investigations, outside and in-house lawyers were criticized for not doing more to prevent corporate executives from violating the law, and several general counsels were charged with criminal misconduct by state and federal authorities. Why would the general counsel of a public corporation risk his or her career, reputation, and criminal prosecution to assist executives in perpetuating corporate fraud? The answer may …

Lawyers, Justice And The Challenge Of Moral Pluralism, Kate Kruse

Faculty Scholarship

The debate over whether it serves or undermines the interests of justice for lawyers to temper the zeal of their advocacy based on considerations of morality or justice has largely been polarized between two camps: traditionalists and moralists. Traditionalists defend the amoral role of lawyers, arguing that lawyers should remain moral neutral in their representation of clients. Moralists propose alternative social justice lawyering models, which urge lawyers' morally engagement in their choice of clients, their interpretation of law, and their counseling of clients.

This article revisits the debate by recasting the question at its center. Instead of inquiring what a …

The Ethics Of Copyrighting Ethics Rules, Michael S. Ariens

Faculty Articles

The American Bar Association’s (“ABA”) practice of requiring students to purchase the Model Rules of Professional Conduct is exploitative and unethical. The ABA uses its role in training lawyers to create a situation which all but requires law students and bar applicants to purchase the organization’s own Model Rules. The fact that the Model Rules constitute a substantial revenue stream for the ABA is due less to lawyers’ desire to brush up on Model Rules of Professional Conduct, which are not laws, than to the ABA's direct role in approving law schools and its indirect role in licensing lawyers.

Law …

Attorney Disciplinary Procedure In Texas: Competing Interests And Philosophies 1988-2004 The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility: Essay., Dawn Miller, Daniel A. Naranjo

St. Mary's Law Journal

Abstract Forthcoming.

The Culture Of Legal Denial, Jonathan R. Cohen

UF Law Faculty Publications

The goals of this essay are twofold. The first is to examine critically the practice of lawyers assisting clients in denying harms they commit and suggest some ways of changing that practice. Lawyers commonly presume that their clients' interests are best served by denial. Yet such a presumption is not warranted. Given the moral, psychological, relational, and sometimes even economic risks of denial to the injurer, lawyers should consider discussing responsibility taking more often with clients. The second is to explore several structural or systemic factors that may reinforce the practice of denial seen day in and day out within …

Misuse Of The Grand Jury: Forcing A Putative Defendant To Appear And Plead The Fifth Amendment, Aaron M. Clemens

Seattle University Law Review

This article considers the propriety of an indictment of a person who was subpoenaed to testify before a grand jury at which the person invoked the Fifth Amendment privilege against self-incrimination on any questions relevant to the investigation and where the government knew that this person would assert the privilege. Part I explores the prosecutor's power to secure evidence and present it the grand jury. Part II describes how the Fifth Amendment's privilege against self-incrimination limits the prosecutor's power to secure evidence and present it to the grand jury. Part III applies the privilege to a situation where a prosecutor …

Special Masters In State Court Complex Litigation: An Available And Underused Case Management Tool, Lynn Jokela, David F. Herr

William Mitchell Law Review

This article examines the role masters have played in litigation and explores the benefits that might be obtained from the greater use of masters in the future. The FJC survey of federal judges appointing special masters concluded that special masters were “extremely or very effective.” The FJC study is an empirical survey of the effectiveness of special masters, and it includes commentary from judges regarding their experience after appointing special masters. These benefits include better, faster, and fairer resolution of litigation in the cases in which masters are used, as well as an easing of the burdens these cases place …