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Legal Ethics and Professional Responsibility Commons

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2013

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Institution
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Articles 121 - 150 of 273

Full-Text Articles in Legal Ethics and Professional Responsibility

A Higher Calling: The Importance Of Pro Bono Efforts In The Legal Profession, Emmet Bondurant, Andrew Vail, Mary Benton, Cynthia F. Adcock, Lonnie T. Brown Mar 2013

A Higher Calling: The Importance Of Pro Bono Efforts In The Legal Profession, Emmet Bondurant, Andrew Vail, Mary Benton, Cynthia F. Adcock, Lonnie T. Brown

Working in the Public Interest Conferences

Cover the importance of incorporating pro bono work into every career, including those in the private sector.


Chasing The Atticus Code - Preserving Adjudication Integrity In Local Administrative Hearings , Michael N. Widener Mar 2013

Chasing The Atticus Code - Preserving Adjudication Integrity In Local Administrative Hearings , Michael N. Widener

Journal of the National Association of Administrative Law Judiciary

In the United States administrative law realm, there purportedly exist more than 19 thousand municipal governments, 16 thousand town or township governments; three thousand county governments, 13 thousand school districts and 35 thousand special district governments. This essay argues that these local adjudicative loci largely neglect the ethical guidance or direction of lawyers serving in government-official capacities without holding elected nor judicial positions. I dub these decision-makers “Atticus.” Citizens support the notion of external codes of professional responsibility for such persons not necessarily because they believe that “lawyering rules” are well constructed or property enforced, but because they doubt lawyers …


Closing An Administrative Loophole: Ethics For The Administrative Judiciary, Diana Gillis Mar 2013

Closing An Administrative Loophole: Ethics For The Administrative Judiciary, Diana Gillis

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Journey Of A Peace Journalist, Robert Koehler Mar 2013

Journey Of A Peace Journalist, Robert Koehler

Center for the Study of Ethics in Society Papers

Presented October 15, 2012. 2012 Winnie Veenstra Peace Lecture.


How Lawyers' Intuitions Prolong Litigation, Andrew J. Wistrich, Jeffrey J. Rachlinski Mar 2013

How Lawyers' Intuitions Prolong Litigation, Andrew J. Wistrich, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Most lawsuits settle, but some settle later than they should. Too many compromises occur only after protracted discovery and expensive motion practice. Sometimes the delay precludes settlement altogether. Why does this happen? Several possibilities—such as the alleged greed of lawyers paid on an hourly basis—have been suggested, but they are insufficient to explain why so many cases do not settle until the eve of trial. We offer a novel account of the phenomenon of settling on the courthouse steps that is based upon empirical research concerning judgment and choice. Several cognitive illusions—the framing effect, the confirmation bias, nonconsequentialist reasoning, and …


Legal Education: Rethinking The Problem, Reimagining The Reforms, Deborah L. Rhode Feb 2013

Legal Education: Rethinking The Problem, Reimagining The Reforms, Deborah L. Rhode

Pepperdine Law Review

Whether or not law schools are in a crisis, it is certainly true that legal education currently faces a number of significant challenges. The fundamental problem is a lack of consensus over what the problem is. Legal educators and regulators are developing well-intended but inadequate responses to the symptoms, not the causes of law school woes. In addition to identifying the problem, this Article discusses potential reforms. Financial issues represent a significant source of much of the current criticisms face by law schools today. Tuition rates have increased at a pace far outstripping the steep hikes seen at universities as …


Louis D. Brandeis And The Lawyer Advocacy System, Robert F. Cochran Jr. Feb 2013

Louis D. Brandeis And The Lawyer Advocacy System, Robert F. Cochran Jr.

Pepperdine Law Review

The law practice of Louis Brandeis serves as an appropriate vehicle for examining both the history of the legal profession in the United States and the role of lawyers as philanthropists. Brandeis was one of America's most successful and innovative lawyers at the turn of the twentieth century, and serves as a role model for lawyers in his dedication to public service. Brandeis, of course, is best known for his work as a Justice on the United States Supreme Court; however, he is less well known for his work as a lawyer-though he practiced law for 40 years before he …


How To Make Rules For Lawyers: The Professional Responsibility Of The Legal Profession, Stephen Gillers Feb 2013

How To Make Rules For Lawyers: The Professional Responsibility Of The Legal Profession, Stephen Gillers

Pepperdine Law Review

When considering the professional responsibilities of American lawyers, two questions often arise: (1) whether a particular rule strikes the right balance among the multiple interests it purports to reconcile and (2) whether in a particular circumstance a lawyer's or law firm's behavior complied with the governing rules. This article explores a third question. What is the responsibility of the profession itself when, through its various institutions and especially bar associations, it asks courts, lawmakers, or agencies to adopt particular rules governing the conduct of lawyers? Rather than exploring the discussing the conduct of individual lawyers or the correctness of any …


The Lawyer Of The Future, Deanell Reece Tacha Feb 2013

The Lawyer Of The Future, Deanell Reece Tacha

Pepperdine Law Review

This piece introduces the Pepperdine Law Review symposium issue for Volume 40, publishing articles derived from the April 20, 2012 The Lawyer of the Future: Exploring the Impact of Past and Present Lawyers and the Lessons They Provide for Future Generations symposium, which explored the role of the lawyer in American society-past, present, and future.


People V. Perez - Misapplication Of The Right To Counsel, William A. Roberts, Greg F. Janson Feb 2013

People V. Perez - Misapplication Of The Right To Counsel, William A. Roberts, Greg F. Janson

Pepperdine Law Review

No abstract provided.


The Case For "Higher Law", John Warwick Montgomery Feb 2013

The Case For "Higher Law", John Warwick Montgomery

Pepperdine Law Review

No abstract provided.


Bauguess V. Paine: The Denial Of The Attorney Fee Sanction At The (Mis)Trial Stage, Steven D. Campen Feb 2013

Bauguess V. Paine: The Denial Of The Attorney Fee Sanction At The (Mis)Trial Stage, Steven D. Campen

Pepperdine Law Review

No abstract provided.


Gibson, Dunn & Crutcher V. Superior Court: The Attorney's Right To Cross-Complain For Equitable Indemnification From An Opposing Attorney, Joseph E. Thomas Feb 2013

Gibson, Dunn & Crutcher V. Superior Court: The Attorney's Right To Cross-Complain For Equitable Indemnification From An Opposing Attorney, Joseph E. Thomas

Pepperdine Law Review

No abstract provided.


Evaluation Of Judicial Performance: A Tool For Self-Improvement, Richard L. Aynes Feb 2013

Evaluation Of Judicial Performance: A Tool For Self-Improvement, Richard L. Aynes

Pepperdine Law Review

The quality of our judicial system, like other institutions, is a function of the work performed by those who are afforded major roles in the dispensation of justice. Unmistakably. judges, jurors and lawyers assume key roles in this process. Professor Aynes, who is a member of the A.B.A.'s Evaluation of Judicial Performance Committee, recognizes that both judges and lawyers, unlike jurors, are professionals expected to bring more to the bench than honesty, good faith and diligence. The author observes that while efforts to improve the daily performance of attorneys have been well under way since the early 1970's, it i …


Civic Virtue, Seth P. Waxman Feb 2013

Civic Virtue, Seth P. Waxman

Vol. 3: Religious Conviction

This J. Reuben Clark Law School convocation address was given at the Provo Tabernacle on April 27, 2001.


The 21st Century As The Century Of Duties?, John W. Welch Feb 2013

The 21st Century As The Century Of Duties?, John W. Welch

Vol. 3: Religious Conviction

This address was given at the J. Reuben Clark Law Society Conference at Stanford University on February 16, 2012.


Unto Whom Much Is Given, James R. Rasband Feb 2013

Unto Whom Much Is Given, James R. Rasband

Vol. 3: Religious Conviction

This address was given to entering law students at BYU Law School on August 19, 2009.


Liberty, Civility, And Professionalism, Ming W. Chin Feb 2013

Liberty, Civility, And Professionalism, Ming W. Chin

Vol. 3: Religious Conviction

This address was given at the Orrin G. Hatch Distinguished Trial Lawyer Lecture Series at BYU Law School on November 7, 2008.


Latter-Day Saint Lawyers And The Public Square, Quentin L. Cook Feb 2013

Latter-Day Saint Lawyers And The Public Square, Quentin L. Cook

Vol. 3: Religious Conviction

This satellite fireside address was given to the J. Reuben Clark Law Society at the Conference Center Little Theater in Salt Lake City on March 13, 2009.


Heroes For Our Time: Going Beyond Ethical Codes, Thomas D. Morgan Feb 2013

Heroes For Our Time: Going Beyond Ethical Codes, Thomas D. Morgan

Vol. 3: Religious Conviction

This J. Reuben Clark Law School convocation address was given at the Provo Tabernacle on April 24, 1992.


A Constitutional Determination Of The Duty Of Court-Appointed Appellate Counsel: An Analysis Of Jones V. Barnes , Catherine D. Purcell Feb 2013

A Constitutional Determination Of The Duty Of Court-Appointed Appellate Counsel: An Analysis Of Jones V. Barnes , Catherine D. Purcell

Pepperdine Law Review

No abstract provided.


The Constitution Should Protect Everyone - Even Lawyers, Arthur Gilbert, William Gorenfeld Jan 2013

The Constitution Should Protect Everyone - Even Lawyers, Arthur Gilbert, William Gorenfeld

Pepperdine Law Review

No abstract provided.


Guiding The Invisible Hand: The Consumer Protection Function Of Unauthorized Practice Regulation, Elizabeth Michelman Jan 2013

Guiding The Invisible Hand: The Consumer Protection Function Of Unauthorized Practice Regulation, Elizabeth Michelman

Pepperdine Law Review

No abstract provided.


The Grand Jury Subpoena: Is It The Prosecutor's "Ultimate Weapon" Against Defense Attorneys And Their Clients?, Tara A. Flanagan Jan 2013

The Grand Jury Subpoena: Is It The Prosecutor's "Ultimate Weapon" Against Defense Attorneys And Their Clients?, Tara A. Flanagan

Pepperdine Law Review

No abstract provided.


This Is Martin Bonner, Jeanette Reedy Solano Jan 2013

This Is Martin Bonner, Jeanette Reedy Solano

Journal of Religion & Film

This is a film review of This is Martin Bonner (2013) directed by Chad Hartigan.


The Sanction Provision Of The New California Civil Discovery Act, Section 2023: Will It Make A Difference Or Is It Just Another "Paper Tiger"? , Timothy Michael Donovan Jan 2013

The Sanction Provision Of The New California Civil Discovery Act, Section 2023: Will It Make A Difference Or Is It Just Another "Paper Tiger"? , Timothy Michael Donovan

Pepperdine Law Review

No abstract provided.


Benign Sex Discrimination Revisited: Constitutional And Moral Issues In Banning Sex-Selection Abortion , George Schedler Jan 2013

Benign Sex Discrimination Revisited: Constitutional And Moral Issues In Banning Sex-Selection Abortion , George Schedler

Pepperdine Law Review

No abstract provided.


Antitrust Implications Of Medical Peer Review: Balancing The Competing Interests , Joan M. Ruane Jan 2013

Antitrust Implications Of Medical Peer Review: Balancing The Competing Interests , Joan M. Ruane

Pepperdine Law Review

No abstract provided.


Mandatory Disclosure: California Bar Refuses To Adopt Proposed Rule To Confront Client Perjury , David B. Wasson Jan 2013

Mandatory Disclosure: California Bar Refuses To Adopt Proposed Rule To Confront Client Perjury , David B. Wasson

Pepperdine Law Review

No abstract provided.


Mandatory Pro Bono: The Path To Equal Justice, John R. Desteiguer Jan 2013

Mandatory Pro Bono: The Path To Equal Justice, John R. Desteiguer

Pepperdine Law Review

No abstract provided.