Legal Ethics and Professional Responsibility Commons^™

Internet Ethics: Complications Of The Digital Age And Web Sites To Help You Untangle Them, Maureen Cahill

Continuing Legal Education Presentations

Computers and the Internet have profoundly changed at least the mechanics of the practice of law. Client communication, legal research, document drafting and transmittal, and record storage are increasingly paper free undertakings. As someone who began the practice of law long before the advent of the personal computer or the Internet, I can attest that the shift to computers and the Internet has greatly increased efficiency, productivity and convenience. At the same time, these tools can greatly complicate many traditional ethical considerations.

The paper is divided into two parts. In the first portion of this paper, I will try to …

District Committee Of The Tel Aviv-Jaffa District Bar Association V. Halberstadt, Hanan Melcer, Ayala Procaccia, Uzi Vogelman

Translated Opinions

Facts: The Respondent, a lawyer, was convicted of drug possession in a criminal proceeding after pleading guilty to offences of possession of dangerous drugs for personal use, and the growing of a dangerous drug, in violation of sections 7(a), the end of 7(c), and 6 of the Dangerous Drugs Ordinance [New Version], 1973. The Respondent possessed a net weight of 25.68 grams of the drug cannabis, for personal use, and also unlawfully cultivated a cannabis plant weighing 5,480, and another weighing 3,420. The Respondent also admitted that he had been using cannabis for three years. As a result of the …

The Ethical Dilemma Of A Special Education Lawyer: Who Is The Client?, Jillian Petrera

Pace Law Review

No abstract provided.

"Screening” New York’S New Rules—Laterals Remain Conflicted Out, Fallyn B. Reichert

Pace Law Review

No abstract provided.

Mar. 2, 2011, Tnc Comments On Ifc Performance Standard 6-Version 2, Ifc

IFC E&S Performance Standards

No abstract provided.

Amid The Vipers: Establishing Malware's Position Within The Information Ecosystem, Shawn Louis Everett Robertson

Computer Science and Software Engineering

The paper consists of a detailed examination of malware broken down into three main sections.

1. Introduction: Malware in the World Today. Begins with a definition of terms, examination of the types of malware, research into historical pieces of malicious code, a detailed analysis of the attackers, why malware is so prevalent, and why it is so hard to defend against. This section finishes with a comparison of reasons to create and not to create malware.
2. Background: "Good" Pieces of Malware. Examination of what makes malware effective. Analysis of the existing CVSS standard and proposal of the alternative VIPERS classification system. …

Representational Competence: Defining The Limits Of The Right To Self-Representation At Trial, E. Lea Johnston

UF Law Faculty Publications

In 2008, the Supreme Court held that the Sixth Amendment permits a trial court to impose a higher competence standard for self-representation than to stand trial. The Court declined to delineate a permissible representational competence standard but indicated that findings of incompetence based on a lack of decisionmaking ability would withstand constitutional scrutiny. To date, no court or commentator has suggested a comprehensive competence standard to address the particular decisional context of self-representation at trial. Conceptualizing self-representation as an exercise in problem solving, this Article draws upon social problem-solving theory to identify abilities necessary for autonomous decisionmaking. The Article develops …

Attorney Advice And The First Amendment, Renee Newman Knake

Washington and Lee Law Review

An attorney’s advice for navigating and, when necessary, challenging the law is essential to American democracy. Yet the constitutional protection afforded to this category of speech is not clear; indeed, some question whether it should be protected at all. While legal ethics scholars have addressed attorney speech in other circumstances, none has focused exclusively on the First Amendment protection for attorney advice, particularly in light of the Supreme Court’s recent attention to the matter. Nor have constitutional law scholars given this issue the attention it deserves, though they acknowledge that it presents an important and unresolved question within First Amendment …

Three Concepts Of Roles, W. Bradley Wendel

Cornell Law Faculty Publications

One of the many themes in the work of Fred Zacharias was the question of the moral status of role obligations or how roles should be moralized. This paper, written for an issue of the San Diego Law Review dedicated to the memory of Professor Zacharias, explores three alternative ways of conceiving of the relationship between morality and role obligations: strong role differentiation, which posits that roles can change the normative situation of actors; what I call the nexus view, which holds that roles are merely a shorthand for the intersection of existing ordinary moral obligations; and the concept of …

Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie?, Nancy A. Welsh

Faculty Scholarship

Today, there can be little doubt that “alternative” dispute resolution is anything but alternative. Nonetheless, many judges, lawyers (and law students) do not truly understand the dispute resolution processes that are available and how they should be used. In the shadow of the current economic crisis, this lack of knowledge is likely to have negative consequences, particularly in those areas of practice such as bankruptcy and foreclosure in which clients, lawyers, regulators, and courts work under pressure, often with inadequate time and financial resources to permit careful analysis of procedural options. Potential negative effects can include: (1) impairment of a …

My Brother's Keeper: An Empirical Study Of Attorney Facilitation Of Money-Laundering Through Commercial Transactions, Lawton P. Cummings, Paul T. Stepnowsky

Faculty Scholarship

In recent years, various “gatekeeping initiatives” have been introduced through inter-governmental standard-setting organizations, such as the Financial Action Task Force, as well as through federal legislation in the United States, which seek to apply the mandatory customer due diligence, record keeping, and suspicious activity reporting obligations contained in the existing anti-money laundering regime to lawyers when they conduct certain commercial transactions on behalf of their clients. The organized bar has argued against such attempts to regulate it, in part, due to the lack of empirical data showing that, as a threshold matter, lawyers unwittingly aid money laundering in a significant …

How And Why Do Lawyers Misbehave? Lawyers, Discipline, And Collegial Control, Lynn M. Mather

Contributions to Books

Published as Chapter 6 in The Paradox of Professionalism: Lawyers and the Possibility of Justice, Scott L. Cummings, ed.

A fundamental principle of professional labor is that the members of a specialized occupation, as professionals, enjoy autonomy. In sociologist Elliot Freidson's words, professionals “control their own work.” The practitioners themselves decide what constitutes acceptable or appropriate behavior. Professions establish rules and systems of self-regulation to teach and enforce the expected standards of conduct on their members. One way, then, to assess legal professionalism is to ask how well lawyers regulate themselves. The extensive literature on lawyer regulation paints a negative …

In Memoriam, Steven D. Smith

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

Globalization And Eligibility To Deliver Legal Advice: Inbound Legal Services Provided By Corporate Counsel Licensed Only In A Country Outside The United States, Carol A. Needham

San Diego Law Review

The regulation of cross-border delivery of legal services remains in flux. Clients in the United States, particularly sophisticated corporate clients, should be allowed to utilize the special expertise possessed by lawyers licensed outside the United States. Key reforms that at this point are gaining traction include the following: allowing lawyers licensed outside the United States to qualify for limited licenses as in-house counsel; broadening the scope of practice so that all foreign legal consultants are allowed to give legal advice related to third-country and international law; and allowing fly in, fly out practice while temporarily present in the host state. …

Fred C. Zacharias - Reminiscences, Larry Zacharias

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

Fred Zacharias: Scholar, Colleague, Friend, Larry Alexander

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

Remembering Fred, Guido Calabresi

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

Old School Loses A Teacher: A Recollection Of Fred Zacharias, Kevin Cole

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

A Tribute To Professor Fred Zacharias, Neil Coughlan, John Gulliver, Dick Keenan

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

A Tribute To Professor Fred C. Zacharias, Michael R. Devitt

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

In Memoriam To Professor Fred C. Zacharias, Orly Lobel

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

A Letter To Professor Fred Zacharias's Sons In Memory Of Their Father, Anne Lukingbeal

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

In Memoriam: Fred C. Zacharias, Russell K. Osgood

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

A List, Frank Partnoy

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

Tribute To Professor Fred Zacharias, Michael J. Perry

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

Tribute To Professor Fred Zacharias, Faust F. Rossi

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

Prosecutors' Ethical Duty Of Disclosure In Memory Of Fred Zacharias, Bruce A. Green

San Diego Law Review

This Article might lead one to ask which body better apprehended the nature of the prosecutorial disclosure rule. Two parts of this Article will explore that question and reach an unexpected conclusion: although the ABA ethics committee and the Ohio Supreme Court had opposite visions of equivalent rules, they may both be right. Even so, there is something obviously jarring about the divide, which reveals deficiencies in the rule adoption process. The ABA has an interest in persuading courts to adopt not only its Model Rules but also its interpretations of those rules, so the result seems to reflect a …

Some Reflections On Ethics And Plea Bargaining: An Essay In Honor Of Fred Zacharias, R. Michael Cassidy

San Diego Law Review

Dedication to the Ethics and Plea Bargaining works of Prof. Fred Zacharias.

Our Federalism: The United States And The Regulation Of Lawyers, Michael J. Churgin

San Diego Law Review

Dedication to the works of Prof. Fred Zacharias.

The Zealous Prosecutor As Minister Of Justice, Bennett L. Gershman

San Diego Law Review

As my contribution to this Memorial tribute to Professor Fred Zacharias, I have chosen to write about Fred’s 1991 article in the Vanderbilt Law Review entitled Structuring the Ethics of Prosecutorial Trial Practice: Can Prosecutors Do Justice?. I have always seen this article as a classic, one of the finest and most important discussions of the special role of the prosecutor in the criminal justice system and of the meaning of the prosecutor’s ethical duty to “do justice.” This article is cited repeatedly for numerous points: the conception of the prosecutor’s duty not to win a case but to see …