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Legal Ethics and Professional Responsibility Commons™
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Articles 1 - 30 of 194
Full-Text Articles in Legal Ethics and Professional Responsibility
The Moral Justification For Journalism, Sandra L. Borden
The Moral Justification For Journalism, Sandra L. Borden
Center for the Study of Ethics in Society Papers
Papers presented for the Center for the Study of Ethics in Society Western Michigan University
Legal Ethics, Patrick Emery Longan
Legal Ethics, Patrick Emery Longan
Mercer Law Review
Georgia's appellate courts made significant decisions during the survey year in matters of attorney discipline, malpractice, and ineffective assistance of counsel. They also issued opinions worth noting in cases concerning attorney and judicial disqualification and several miscellaneous matters.
Toward Ethical Plea Bargaining, Erica J. Hashimoto
Toward Ethical Plea Bargaining, Erica J. Hashimoto
Scholarly Works
Defendants in criminal cases are overwhelmingly more likely to plead guilty than to go to trial. Presumably, at least a part of the reason that most of them do so is that it is in their interest to plead guilty, i.e., they will receive a more favorable outcome if they plead guilty than if they go to trial. The extent to which pleas reflect fair or rational compromises in practice, however, depends upon a variety of factors, including the amount of information each of the parties has about the case. Some level of informational symmetry therefore is critical to the …
Virginity Testing And South Africa's Hiv/Aids Crisis: Beyond Rights Universalism And Cultural Relativism Toward Health Capabilities, Erika George
Faculty Scholarship
In this Article, I explore the tension between the politics of culture and the rights of women and girls to equality, privacy, and sexual autonomy in the context of epidemic disease. Specifically, this Article examines the political debate surrounding the resurgence of virginity testing, its widespread popular support in certain communities, and the South African government's recent efforts to prohibit the practice. This Article argues that the current debate over virginity testing, which focuses on abolition or accommodation of the practice, is misguided and polarizing. It argues that these perspectives on the debate increase the likelihood that the problem causing …
Professional Responsibility, James M. Mccauley
Professional Responsibility, James M. Mccauley
University of Richmond Law Review
No abstract provided.
Was Machiavelli Right? Lying In Negotiation And The Art Of Defensive Self-Help, Peter Reilly
Was Machiavelli Right? Lying In Negotiation And The Art Of Defensive Self-Help, Peter Reilly
Faculty Scholarship
The majority of law review articles addressing lying and deception in negotiation have argued, in one form or another, that liars and deceivers could be successfully reined in and controlled if only the applicable ethics rules were strengthened, and if corresponding enforcement powers were sufficiently beefed up and effectively executed. This article takes a different approach, arguing that the applicable ethics rules will likely never be strengthened, and, furthermore, that even if they were, they would be difficult to enforce in any meaningful way, at least in the context of negotiation. The article concludes that lawyers, businesspeople, and everyone else …
Race, Identity, And Professional Responsibility: Why Legal Services Organizations Need African American Staff Attorneys, Shani M. King
Race, Identity, And Professional Responsibility: Why Legal Services Organizations Need African American Staff Attorneys, Shani M. King
UF Law Faculty Publications
Given the fundamental importance of the attorney-client relationship in securing favorable outcomes for clients, legal services organizations that serve large populations of African Americans should employ African American staff attorneys because: (1) African American lawyers and clients share a group identity that makes it more likely that a black attorney will be able to gain a black client's trust; (2) black attorneys communicate more effectively with black clients; and (3) the perception of a judicial system that is unfair and racist is likely to encourage black clients to trust black lawyers more than white lawyers, who are more likely to …
Prosecutors' New Ethical Duty Relating To Wrongful Convictions, Niki Kuckes
Prosecutors' New Ethical Duty Relating To Wrongful Convictions, Niki Kuckes
Law Faculty Scholarship
No abstract provided.
Ethical Duties To Prospective Clients Who Send Unsolicited Emails, Nicole Lindquist
Ethical Duties To Prospective Clients Who Send Unsolicited Emails, Nicole Lindquist
Washington Journal of Law, Technology & Arts
Recent Iowa and Massachusetts ethics opinions declared that an attorney may owe ethical obligations to prospective clients who send the attorney just a single email regarding legal assistance. These ethics opinions are part of a trend whereby jurisdictions are extending the duty of confidentiality to prospective clients who send unsolicited emails to attorneys, when those persons reasonably believe that the conveyed information will be held in confidence. These opinions highlight the importance for all attorneys to disclaim duties of confidentiality and representation, particularly when advertising online. This article discusses ethical opinions regarding prospective clients who send unsolicited emails and concludes …
Executive Branch Lawyers In A Time Of Terror: The 2008 F.W. Wickwire Memorial Lecture, W. Bradley Wendel
Executive Branch Lawyers In A Time Of Terror: The 2008 F.W. Wickwire Memorial Lecture, W. Bradley Wendel
Cornell Law Faculty Publications
This article discusses the ethical responsibilities of the lawyers who advise executive branch officials on the lawfulness of actions taken in the name of national security. To even talk about this subject assumes that there is some distinction between a government that does all within its power to protect its citizens, and one that does all within its lawful power. If there are good normative reasons to care about maintaining this distinction, then we have the key to understanding the ethical responsibilities of government lawyers. The Bush administration took the position that the role of lawyers is to get out …
Ethical Considerations For Blog-Related Discovery, Jason Boulette, Tanya Dement
Ethical Considerations For Blog-Related Discovery, Jason Boulette, Tanya Dement
Washington Journal of Law, Technology & Arts
The rise in blogs (short for "Web-logs") has spawned a new world of considerations for lawyers and clients. At their foundation, blogs are Web sites that serve as online diaries and sounding boards. Blogs typically consist of posts, pictures, images, links, and other entries that run the gambit of subjects from politics to sports to literature to personal materials. The exponential rise in blogging stems from improvements in technology, the increasing sophistication of Internet users, and the low cost of creating and maintaining blogs. In the last several years, blogs have mushroomed in number and have achieved a measure of …
Foreword, Laurel S. Terry
Foreword, Laurel S. Terry
Penn State International Law Review (1982 - 2011)
No abstract provided.
Preserving The Corporate Attorney-Client Privilege: Here And Abroad, Robert J. Anello
Preserving The Corporate Attorney-Client Privilege: Here And Abroad, Robert J. Anello
Penn State International Law Review (1982 - 2011)
No abstract provided.
At The Intersection Of Legal Ethics And Globalization: International Conflicts Of Law In Lawyer Regulation, Hans-Jurgen Hellwig
At The Intersection Of Legal Ethics And Globalization: International Conflicts Of Law In Lawyer Regulation, Hans-Jurgen Hellwig
Penn State International Law Review (1982 - 2011)
No abstract provided.
Conflicts Of Interest: The Dutch Position, Floris Bannier
Conflicts Of Interest: The Dutch Position, Floris Bannier
Penn State International Law Review (1982 - 2011)
No abstract provided.
Application Of California's Modified Substantial Relationship Test To International Law Firm Conflict Of Interest: Creative Solution Or Can Of Worms?, Ellen A. Pansky
Application Of California's Modified Substantial Relationship Test To International Law Firm Conflict Of Interest: Creative Solution Or Can Of Worms?, Ellen A. Pansky
Penn State International Law Review (1982 - 2011)
No abstract provided.
The Paradox Of Professionalism: Global Law Practice Means Business, Christopher J. Whelan
The Paradox Of Professionalism: Global Law Practice Means Business, Christopher J. Whelan
Penn State International Law Review (1982 - 2011)
No abstract provided.
Ethical Considerations Relating To Outsourcing Of Legal Services By Law Firms To Foreign Service Providers: Perspectives From The United States, James I. Ham
Penn State International Law Review (1982 - 2011)
No abstract provided.
Lawyers, Symbols, And Money: Outside Investment In Law Firms, Milton C. Regan Jr.
Lawyers, Symbols, And Money: Outside Investment In Law Firms, Milton C. Regan Jr.
Penn State International Law Review (1982 - 2011)
No abstract provided.
Protection Of Attorney-Client Privilege In Europe, Prof. Taru Spronken, Jan Fermon
Protection Of Attorney-Client Privilege In Europe, Prof. Taru Spronken, Jan Fermon
Penn State International Law Review (1982 - 2011)
No abstract provided.
Licensing Lawyers In The Modern Economy, Trippe S. Fried
Licensing Lawyers In The Modern Economy, Trippe S. Fried
Campbell Law Review
This article explores a key question for the future of the legal profession: does a paradigm in which each individual state has exclusive control over the practice of law within its borders work in the marketplace of Friedman's "flat world"? Or in today's global economy does state micromanagement of the legal profession so inure to the detriment of lawyers and clients that some form of national licensing is necessary?
Civil Liability For Aiding And Abetting: Should Lawyers Be "Privileged" To Assist Their Clients' Wrongdoing?, Eugene J. Schiltz
Civil Liability For Aiding And Abetting: Should Lawyers Be "Privileged" To Assist Their Clients' Wrongdoing?, Eugene J. Schiltz
Pace Law Review
No abstract provided.
The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick
The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick
Pace Law Review
No abstract provided.
Reply To Joseph Ellin's Of All Professions, Prostitution Is The Oldest (Except Possibly For Teaching), Michael Davis
Reply To Joseph Ellin's Of All Professions, Prostitution Is The Oldest (Except Possibly For Teaching), Michael Davis
Center for the Study of Ethics in Society Papers
No abstract provided.
Professions "Of All Professions, Begging Is The Best" A Paper By Michael Davis. Response By Joseph Ellin. Professor Davis' Reply, Center For The Study Of Ethics In Society
Professions "Of All Professions, Begging Is The Best" A Paper By Michael Davis. Response By Joseph Ellin. Professor Davis' Reply, Center For The Study Of Ethics In Society
Center for the Study of Ethics in Society Papers
Michael Davis' original paper was presented to the Center of the Study of Ethics in Society Western Michigan University on October 4, 2007.
"Of All Professions Begging Is The Best" - Some Problems In The Study Of Professions, Michael Davis
"Of All Professions Begging Is The Best" - Some Problems In The Study Of Professions, Michael Davis
Center for the Study of Ethics in Society Papers
Michael Davis' original paper was presented to the Center of the Study of Ethics in Society Western Michigan University on October 4, 2007.
Of All Professions, Prostitution Is The Oldest (Except Possibly For Teaching), Joseph Ellin
Of All Professions, Prostitution Is The Oldest (Except Possibly For Teaching), Joseph Ellin
Center for the Study of Ethics in Society Papers
Response by Joseph Ellin to a paper by Michael Davis Professions "Of All Professions, Begging is the Best"
Copyright, Clickers, And Consensus, Jonathan Bacon
Copyright, Clickers, And Consensus, Jonathan Bacon
SIDLIT Conference Proceedings
A discussion about classroom copyright issues and integrating technology.
Ordeal By Innocence: Why There Should Be A Wrongful Incarceration/Execution Exception To Attorney-Client Confidentiality, Colin Miller
Ordeal By Innocence: Why There Should Be A Wrongful Incarceration/Execution Exception To Attorney-Client Confidentiality, Colin Miller
NULR Online
No abstract provided.
Non-Beneficial Pediatric Research And The Best Interest Standard: A Reconciliation, Paul J. Litton
Non-Beneficial Pediatric Research And The Best Interest Standard: A Reconciliation, Paul J. Litton
Faculty Publications
Federal efforts beginning in the 1990's have successfully increased pediatric research to improve medical care for all children. Since 1997, the FDA has requested 800 pediatric studies involving 45,000 children. Much of this research is "non-beneficial"; that is, it exposes pediatric subjects to risk even though these children will not benefit from participating in the research. Non-beneficial pediatric research (NBPR) seems, by definition, contrary to the best interests of pediatric subjects, which is why one state supreme court has essentially prohibited it. It also appears that the only plausible rationale for this research is utilitarian, as it risks some children …