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Legal Ethics and Professional Responsibility Commons™

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2011

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Articles 1 - 30 of 173

Full-Text Articles in Legal Ethics and Professional Responsibility

The Good, The Right, And The Lawyer, Trevor C. W. Farrow Dec 2011

The Good, The Right, And The Lawyer, Trevor C. W. Farrow

Articles & Book Chapters

No abstract provided.

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Legal Ethics, Patrick Emery Longan Dec 2011

Legal Ethics, Patrick Emery Longan

Mercer Law Review

During the survey period, from June 1, 2010 through May 31, 2011, the appellate courts in Georgia decided cases involving the discipline of lawyers, ineffective assistance of counsel, legal malpractice, judicial ethics, and attorney disqualification. The State Bar of Georgia Formal Advisory Opinion Board took several actions that relate to the professional responsibilities of Georgia lawyers.

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Ombuds In Cloud Of Exabytes--Understanding The Ombuds' Digital Trail, Craig Mousin Nov 2011

Ombuds In Cloud Of Exabytes--Understanding The Ombuds' Digital Trail, Craig Mousin

Mission and Ministry Publications

This article examines Ombuds Standards of Practice as Ombuds increasingly rely upon electronic communication. It first explores the expansion of electronically stored information (ESI) due to the many different electronic devices Ombuds rely upon or interact with including computers, smartphones, and printers. It then reviews how novel legal issues caused by e-discovery--the search for relevant digital documents in litigation--will impact Ombuds. Finally, it offers Ombuds suggestions on managing and controlling ESI while raising the question of whether the International Ombudsman Association must review its Standards of Practice in light of these ESI developments.

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Musings On Mediation, Kleenex, And (Smudged) White Hats, Nancy A. Welsh Nov 2011

Musings On Mediation, Kleenex, And (Smudged) White Hats, Nancy A. Welsh

Faculty Scholarship

This Essay speculates on the global future of mediation. It anticipates that mediation’s popularity will continue to grow both in the U.S. and abroad particularly as courts continue to encourage and institutionalize the process. Meanwhile, the Essay acknowledges the existence and continuing development of a relatively small cadre of elite lawyers and retired judges who serve as private mediators in large, complex matters.

The Essay also raises concerns, though, regarding the current lack of clarity in the goals and procedural characteristics that define mediation. The Essay asserts that such lack of clarity invites abuse of the mediation privilege and exclusionary …

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Trust And The Commitment To Fairness, Tan K. B. Eugene Nov 2011

Trust And The Commitment To Fairness, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Assistant Professor Eugene Tan writes that tripartism has given us years of industrial peace and prosperity in Singapore, but warns that trust must work both ways. The high principle of tripartism does not necessarily mean that the partners will subscribe to the same policies and outlook on what is needed for workplace harmony.

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Summary Of Merits Incentives V. Dist. Ct., 127 Nev. Adv. Op. No. 63, Patrick C. Mcdonnell Oct 2011

Summary Of Merits Incentives V. Dist. Ct., 127 Nev. Adv. Op. No. 63, Patrick C. Mcdonnell

Nevada Supreme Court Summaries

An original petition for writ of mandamus challenging a district court’s denial of a motion to disqualify counsel who had reviewed confidential documents sent to him, unsolicited, from an anonymous source.

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Communication And The Pragmatic Condition, Gregory J. Shepherd Oct 2011

Communication And The Pragmatic Condition, Gregory J. Shepherd

Center for the Study of Ethics in Society Papers

Presented March 9, 2011

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Hiring Teams, Firms, And Lawyers: Evidence Of The Evolving Relationship In The Corporate Legal Market, Michele M. Destefano, John C. Coates, Ashish Nanda, David B. Wilkins Oct 2011

Hiring Teams, Firms, And Lawyers: Evidence Of The Evolving Relationship In The Corporate Legal Market, Michele M. Destefano, John C. Coates, Ashish Nanda, David B. Wilkins

Articles

How are relationships between corporate clients and law firms evolving? Drawing on interview and survey data from 166 chief legal officers of S&P 500 companies from 2006-2007, we find that-contrary to standard depictions of corporate client-provider relationships-(1) large companies have relationships with ten to twenty preferred providers; (2) these relationships continue to be enduring, and (3) clients focus not only on law firm platforms and lead partners, but also on teams and departments within preferred providers, allocating work to these subunits at rival firms over time and following "star" lawyers, especially if they move as part of a team. The …

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No Paradise To Regain: Comments On Russell G. Pearce And Eli Wald, The Obligation Of Lawyers To Heal Civic Culture: Confronting The Ordeal Of Incivility In The Practice Of Law, Kenneth S. Gallant Oct 2011

No Paradise To Regain: Comments On Russell G. Pearce And Eli Wald, The Obligation Of Lawyers To Heal Civic Culture: Confronting The Ordeal Of Incivility In The Practice Of Law, Kenneth S. Gallant

University of Arkansas at Little Rock Law Review

No abstract provided.

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Up Against The Wall: A Guide To The Effective Screening Of Former Government Attorneys In New York, Shira Mizrahi Oct 2011

Up Against The Wall: A Guide To The Effective Screening Of Former Government Attorneys In New York, Shira Mizrahi

Cardozo Public Law, Policy & Ethics Journal

The note examines New York Rule of Professional Conduct 1.11, which governs conflicts of interest for former government attorneys transitioning to private practice. It highlights the rule's strict requirements for screening to prevent conflicts and the "appearance of impropriety" standard, which allows courts to disqualify firms even without evidence of wrongdoing. The analysis critiques the rule's effectiveness, particularly in small firms, and proposes reforms to balance public trust, client interests, and attorneys' career mobility.

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Advising Clients After Critical Legal Studies And The Torture Memos, Milan Markovic Sep 2011

Advising Clients After Critical Legal Studies And The Torture Memos, Milan Markovic

West Virginia Law Review

No abstract provided.

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Message From The Chair, Margaret Butler Sep 2011

Message From The Chair, Margaret Butler

Faculty Publications By Year

No abstract provided.

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Tangible "Intangibles" And Other Mysteries: A Critique Of The D.C. Circuit's Expansion Of Work Product Doctrine In United States V. Deloitte Llp, Brian L. Blaylock Sep 2011

Tangible "Intangibles" And Other Mysteries: A Critique Of The D.C. Circuit's Expansion Of Work Product Doctrine In United States V. Deloitte Llp, Brian L. Blaylock

Nevada Law Journal

No abstract provided.

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Lawyering In The Christian Colony: Some Hauerwasian Themes, Reflections, And Questions, W. Bradley Wendel Sep 2011

Lawyering In The Christian Colony: Some Hauerwasian Themes, Reflections, And Questions, W. Bradley Wendel

Cornell Law Faculty Publications

One who shared Hauerwas's theological commitments might find it difficult to serve as a lawyer, given that the principles of legal ethics are grounded in the kind of political liberalism that Hauerwas finds repellent. For example, Stephen Pepper's well known liberal defense of the standard conception of legal ethics pretty much pushes all of the buttons that set off Hauerwas. Pepper argues that while the law necessarily imposes restrictions on what we may do, but no one else is empowered to place restrictions on our autonomy. In a complex, highly legalistic society, however, citizens are necessarily required in some cases …

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Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill Aug 2011

Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill

Working Paper Series

My focus is on an apparent trend at the intersection of the fields of evidentiary standards for expert admissibility and professional responsibility, namely the eagerness to place more ethical responsibilities on lawyers to vet their proffered expertise to ensure its reliability. My reservations about this trend are not only based on its troubling implications for the lawyer’s duty as a zealous advocate, which already has obvious limitations (because of lawyers’ conflicting duties to the court), but are also based on the problematic aspects of many reliability determinations. To expect attorneys—and this is what the proponents of a duty to vet …

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Unfounded Allegations That John Yoo Violated His Ethical Obligations As A Lawyer: A Critical Analysis Of The Torture Memo, Carrie L. Flores Jul 2011

Unfounded Allegations That John Yoo Violated His Ethical Obligations As A Lawyer: A Critical Analysis Of The Torture Memo, Carrie L. Flores

Brigham Young University Journal of Public Law

No abstract provided.

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Playing Well With Others -- But Still Winning: Chief Justice Roberts, Precedent, And The Possibilities Of A Multi Member Court, William D. Araiza Jul 2011

Playing Well With Others -- But Still Winning: Chief Justice Roberts, Precedent, And The Possibilities Of A Multi Member Court, William D. Araiza

Faculty Scholarship

No abstract provided.

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Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Stacy Caplow, Lisa Griffin Jul 2011

Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Stacy Caplow, Lisa Griffin

Faculty Scholarship

No abstract provided.

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Evolving Equality: The Development Of The International Defense Bar, Michael A. Newton Jul 2011

Evolving Equality: The Development Of The International Defense Bar, Michael A. Newton

Vanderbilt Law School Faculty Publications

Defense counsel in international criminal proceedings face difficult challenges that are intrinsic to the modern system of internationalized accountability; yet their professionalism and performance represent perhaps the most determinative dimension for evaluating the overall fairness of what the world terms “justice” for grievous atrocities. Defense teams labor against the tides of public opinion and the deeply felt pain of the victims of mass atrocities. Abandonment of appropriate defense efforts, whether the result of professional fecklessness or personal pressures, would transform international criminal law into an organized sham aimed at achieving a shadow of justice while undermining the rights of the …

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The Center For The Study Of Ethics In Society At Twenty-Five, Michael S. Pritchard Jun 2011

The Center For The Study Of Ethics In Society At Twenty-Five, Michael S. Pritchard

Center for the Study of Ethics in Society Papers

Center for the Study of Ethics in Society: Celebrating 25 Years - Presented November 15, 2010.

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Reflections On The Role Of The Ethics Center At Wmu, Shirley Bach Jun 2011

Reflections On The Role Of The Ethics Center At Wmu, Shirley Bach

Center for the Study of Ethics in Society Papers

Center for the Study of Ethics in Society: Celebrating 25 Years - Presented November 15, 2010

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Reflections On The 25Th Anniversary Of The Wmu Center For The Study Of Ethics In Society, Ronald Kramer Jun 2011

Reflections On The 25Th Anniversary Of The Wmu Center For The Study Of Ethics In Society, Ronald Kramer

Center for the Study of Ethics in Society Papers

Center for the Study of Ethics in Society: Celebrating 25 Years - Presented November 15, 2010.

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Center For The Study Of Ethics In Society: Celebrating 25 Years, Center For The Study Of Ethics In Society Jun 2011

Center For The Study Of Ethics In Society: Celebrating 25 Years, Center For The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

Papers presented for the Center for the Study of Ethics in Society Western Michigan University.

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Reflections On The Role Of The Ethics Center At Wmu, James A. Jaksa Jun 2011

Reflections On The Role Of The Ethics Center At Wmu, James A. Jaksa

Center for the Study of Ethics in Society Papers

Center for the Study of Ethics in Society: Celebrating 25 Years - Presented November 15,2010.

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Ethics In A Shrinking World Exploring The Ethical Implications Of The Proliferation Of Technology On World Hunger, Kevin M. Dupree May 2011

Ethics In A Shrinking World Exploring The Ethical Implications Of The Proliferation Of Technology On World Hunger, Kevin M. Dupree

HIM 1990-2015

Even if they do not realize it, readers are perpetually in a condition that is strikingly similar to that of the Good Samaritan. Right now they have access to a vast network of communication that both enhances their senses and increases their sphere of influence. They can, for example, sit down at a computer and click on a certain combination of "sites" and the result will be that, in two weeks (or sooner), a DVD will arrive on their doorstep. Or, they can choose another combination, and the result will be that, in about two weeks (or less), a child …

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Gil V. Minister Of Education, Asher Grunis, Edna Arbel, Hanan Melcer Apr 2011

Gil V. Minister Of Education, Asher Grunis, Edna Arbel, Hanan Melcer

Translated Opinions

Facts: On 9 March 2011, the Minister of Education announced that Advocate Shimon Mizrahi would be awarded the 2011 Israel Prize in the field of sports, upon the recommendation of the Israel Prize Judging Committee. The members of the Judging Committee were Tal Brody, an renowned basketball player who had played for the Maccabee Tel-Aviv basketball team, and who was awarded the Israel Prize in 1979, Gili Lustig, the head of the competitive sports section of the Israel Olympic Committee and a coach of the Israel All-Star volleyball team, and Esther Roth-Shachamorov, a celebrated athlete who had represented Israel …

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Race Bias And The Importance Of Consciousness For Criminal Defense Attorneys, Andrea D. Lyon Apr 2011

Race Bias And The Importance Of Consciousness For Criminal Defense Attorneys, Andrea D. Lyon

Seattle University Law Review

This Article will begin with a discussion of race bias and will examine who in the criminal justice system has such biases. These concepts will provide a backdrop to the next Part, where I will turn to an analysis about the need for criminal defense lawyers to be conscious of race bias. I focus on two specific circumstances in which awareness of one’s own racial bias is imperative: interacting with clients and voir dire. But first, we must come to an understanding about the nature of race bias itself.

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Balancing The Scales Of Justice: Legal, Ethical Dilemmas Within Wrongful Convictions Involving Client Confidentiality, Robert Steele '11 Apr 2011

Balancing The Scales Of Justice: Legal, Ethical Dilemmas Within Wrongful Convictions Involving Client Confidentiality, Robert Steele '11

Honor Scholar Theses

No abstract provided.

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Raising The Bar On Effective Assistance: Tackling Collateral Consequences Of Criminal Defendants After Padilla V. Kentucky, Russell C. Gabriel, Jessica French, Seann Riley, Gerry Weber Apr 2011

Raising The Bar On Effective Assistance: Tackling Collateral Consequences Of Criminal Defendants After Padilla V. Kentucky, Russell C. Gabriel, Jessica French, Seann Riley, Gerry Weber

Working in the Public Interest Conferences

Discusses the effects of the U.S. Supreme Court decision in Padilla v. Kentucky on defense attorneys' holistic defense responsibilities. Explores the role of counsel to inform clients of direct and indirect consequences of convictions.

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The Tax Man's Ethics: Four Of The Hardest Ethical Questions For An Irs Lawyer, Michelle M. Kwon Apr 2011

The Tax Man's Ethics: Four Of The Hardest Ethical Questions For An Irs Lawyer, Michelle M. Kwon

Cardozo Public Law, Policy & Ethics Journal

The article explores the ethical framework governing IRS Office of Chief Counsel lawyers, comparing the traditional approach of client advocacy with the public interest approach. It argues that the Office has adopted self-imposed duties to the public, beyond the Model Rules, to ensure impartial and fair tax law application. These duties align with the IRS's mission and do not conflict with its primary role of representing the agency. The analysis examines four hypothetical scenarios to assess the effectiveness of these duties and their implications for legal ethics.

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