Legal Ethics and Professional Responsibility Commons^™

Informed Misdemeanor Sentencing, Jenny Roberts

Hofstra Law Review

No abstract provided.

The Judicial Role In Criminal Charging And Plea Bargaining, Darryl Brown

Hofstra Law Review

No abstract provided.

Judicial Responsibility For Justice In Criminal Courts, Lisa Foster

Hofstra Law Review

No abstract provided.

Surveying Justice, Keith Swisher

Hofstra Law Review

No abstract provided.

Symposium Introduction, Norman L. Reimer

Hofstra Law Review

In the American justice system, the judge controls the court. All the trappings of courtroom decorum underscore this power. The judge is usually placed front and center, often on a raised platform. Everyone present is expected to rise when the judge enters the room. The audience is required to be silent. Lawyers are expected to rise when speaking to judges, and to address them with an honorific. Wanton disrespect may result in disciplinary action or contempt proceedings. These protocols of honor and deference are emblematic of the judge’s supreme authority and power to control what happens in the court proceedings. …

Symposium Introduction, Ellen Yaroshefsky

Hofstra Law Review

On April 5–6, 2017, the Monroe H. Freedman Institute for the Study of Legal Ethics hosted its inaugural Symposium, Judicial Responsibility for Justice in Criminal Courts. This unique two-day Symposium brought together the country’s thought leaders from the bench, the academy, prosecutors’ offices, and the defense bar to engage in interactive discussion to examine the role of judges in criminal courts. The Conference goal was to propose concrete suggestions for changes in judicial role, rules, and culture to improve criminal courts.

For years, numerous organizations and individuals have focused upon aspects of the dysfunction of the criminal justice system, primarily …

A Judge's Duty To Do Justice: Ensuring The Accused's Right To The Effective Assistance Of Counsel, Peter A. Joy

Hofstra Law Review

No abstract provided.

Judges Need To Exercise Their Responsibility To Require That Eligible Defendants Have Lawyers, Robert C. Boruchowitz

Hofstra Law Review

No abstract provided.

Here Comes The Judge: A Model For Judicial Oversight And Regulation Of The Brady Disclosure Duty, Cynthia E. Jones

Hofstra Law Review

No abstract provided.

The Culture Of Misdemeanor Courts, Jessica A. Roth

Hofstra Law Review

The misdemeanor courts that preside over the majority of criminal cases in the United States represent the “front porch” of our criminal justice system. These courts vary in myriad ways, including size, structure, and method of judicial appointment. Each also has its own culture – i.e., a settled way of doing things that reflects deeper assumptions about the court’s mission and its role in the community – which can assist or impede desired policy reforms. This Article, written for a Symposium issue of the Hofstra Law Review, draws upon the insights of organizational culture theory to explore how leaders can …

Judges As Bullies, Abbe Smith

Hofstra Law Review

No abstract provided.

Eradicating Assembly-Line Justice: An Opportunity Lost By The Revised American Bar Association Criminal Justice Standards, Steve Zeidman

Hofstra Law Review

No abstract provided.

Combating Professional Error In Bankruptcy Analysis Through The Design And Use Of Decision Trees In Clinical Pedagogy, Timothy R. Tarvin

St. John's Law Review

(Excerpt)

This Article will address the positive impact of using the decision tree model in four parts. Part I will provide a historical overview of the evolution of legal education and the profession’s call for more experiential education, both generally and specifically, through clinical training and the use of technology. This Section will provide context and argue that the use of decision trees in the clinical setting is the natural culmination of the legal academy’s goals of teaching analytical skills, preparing graduates for practice, and incorporating new technology into the practice of law.

Part II will describe the legal malpractice …

The Foreign Corrupt Practices Act Turns 40: "Reflections On Walmart's Enhanced Ethics & Compliance Program", Jay T. Jorgensen

Texas A&M Law Review

As Walmart’s business has been changing, the company has also evolved and changed in our corporate governance. In 2012, the company started a significant effort to enhance our ethics and compliance programs. Prior to that time the company maintained separate compliance efforts in different countries. For example, Walmart’s business in the United States had a well-developed compliance program. The company had separate compliance-related activities and personnel in our businesses in Canada, China, Mexico, and elsewhere. All of these compliance programs operated independently of each other, reporting to their local business leaders.

Defining Attorney-Client Privilege For The Independent Contractor: A Case For The Functional Equivalent Doctrine In Washington, Benjamin J. Robbins

Washington Law Review Online

Corporations increasingly rely on independent contractors to fulfill basic organizational needs. This increased reliance has created a number of legal issues, one of which is the level of privilege extended to communications between contractors and legal counsel for the contracting corporation. This issue is particularly relevant for corporations in the “gig economy,” like Uber, Lyft, and Postmates, which rely on independent contractors for fundamental business functions. Washington State courts have yet to decide whether independent contractors are entitled to attorney-client privilege regarding these conversations. Generally, Washington courts follow the U.S. Supreme Court’s “Upjohn rule,” which protects communications between corporate counsel …

Ethics Of Using Artificial Intelligence To Augment Drafting Legal Documents, David Hricik

Articles

Skynet is not and may never be self-aware, but machines are al-ready doing legal research, drafting legal documents, negotiating disputes such as traffic tickets and divorce schedules, and even drafting patent applications. Machines learn from us, and each other, to augment the ability of lawyers to represent clients—and even to replace lawyers completely. While it also threatens lawyers’ jobs, the exponential increase in the capacity of machines to transmit, store, and process data presents the opportunity for lawyers to use these services to provide better, cheaper, or faster legal representation to clients. By way of familiar example, instead of determining …

Another Look At Lawyer Discretion To Assist Clients In Unlawful Conduct: A Response To Professor Tremblay, Samuel J. Levine

Scholarly Works

Professor Paul Tremblay’s At Your Service: Lawyer Discretion to Assist Clients in Unlawful Conduct, identifies and explores an apparent gap in the law governing the work of lawyers: the question of whether lawyers may assist clients in unlawful conduct that is not criminal or fraudulent. After introducing the issue through three illustrative scenarios, which he labels “lawbreaking stories,” Professor Tremblay engages in an extensive analysis of the applicable substantive law, relying primarily on ethics codes, which directly regulate the work of lawyers, with additional reference to other sources of law. Having reached the considered conclusion that the law does not …

The Federal Death Penalty, Trumpism, And Civil Rights Enforcement, Richard Broughton

American University Law Review

No abstract provided.

Check Your Privilege: The Big Blow To Corporate Internal Investigation In The Post-Upjohn Era, 52 Uic J. Marshall L. Rev. 125 (2018), Brandon Villa

UIC Law Review

The attorney-client privilege is the oldest privilege recognized by common law. In the corporate context, the attorney-client privilege exists between control group-officers and corporate counsel. That privilege extends to communication collected from lower level employees which encourages the frank communication to gather all relevant information to adequately advise the corporate client. But does information gathered from an employee after termination enjoy that privilege? The Upjohn rationale for the attorney-client privilege erodes when the sole focus of privilege focuses on an attorney-client relationship. Specifically, the Washington Supreme Court deviated from the Upjohn rationale which corrodes the fundamental principles of the attorney-client …

Judge Victor Marrero’S Challenge To The Legal Profession: A ‘Little Rebellion Now And Then’, John D. Feerick

Faculty Scholarship

No abstract provided.

Fiduciary Principles In Agency Law, Deborah A. Demott

Faculty Scholarship

No abstract provided.

Policing The Prosecutor: Race, The Fourth Amendment, And The Prosecution Of Criminal Cases, Renee Mcdonald Hutchins

Journal Articles

As this article explores, while the Fourth Amendment is commonly criticized for the discretion it affords police officers, an overlooked result of the amendment’s lax regulation of the police is the enhanced power it affords prosecutors. Though for a time a warrant was the notional measure of reasonableness, over the last century the Court has crafted several exceptions to that measure to give the police greater leeway during on-the-street encounters. The Court has concurrently retreated from robust application of the exclusionary rule to remedy constitutional violations. These shifts have meant far more predictable wins for the prosecution at the suppression …

Corporate Ethics: Approaches And Implications To Expanding The Corporate Mindset Of Profitability, 49 Loy. U. Chi. L.J. 637 (2018), Arthur Acevedo

UIC Law Open Access Faculty Scholarship

This Article discusses the convergence of law and ethics in the context of corporations. It begins by detailing past attempts at and limitations on regulating corporate conduct. It then explores the business judgment rule in the context of ethical conduct. Finally, it considers the growing influence of millennials and social investing on corporate conduct, and concludes by cautioning corporate directors to adopt ethical practices in order to remain relevant in the marketplace.

Ahead Of His Time: Cardozo And The Current Debates On Professional Responsibility, 34 Touro L. Rev. 63 (2018), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Right To Counsel In Criminal Cases: Still A National Crisis, Mary Sue Backus, Paul Marcus

Faculty Articles

In 1963, Gideon v. Wainwright dramatically changed the landscape of criminal justice with its mandate that poor criminal defendants be entitled to legal representation funded by the government. As scholars and practitioners have noted repeatedly over more than fifty years, states have generally failed to provide the equal access Gideon promised. This Article revisits the questions raised by the authors over a decade ago when they asserted that a genuine national crisis exists regarding the right to counsel in criminal cases for poor people. Sadly, despite a few isolated instances where litigation has sparked some progress, the issues remain the …

The Paragraph 20 Paradox: An Evaluation Of The Enforcement Of Ethical Rules As Substantive Law, Donald E. Campbell

Journal Articles

Paragraph 20 in the Scope section of the American Bar Association (ABA) Model Rules of Professional Conduct (Model Rules)-which most states have adopted-provides that a violation of the Model Rules "should not give rise to a cause of action against a lawyer[,] nor should it create any presumption in such a case that a legal duty has been breached." At the same time, Paragraph 20 provides that the Model Rules can be used as "evidence" of breach of a lawyer's standard of conduct. Thus, the Model Rules attempt to make it clear that ethical violations are distinct from substantive law …

Ethics In The Legal Industry, Michael Ariens

Faculty Articles

A brief item in the Hearsay section of the June 2017 ABA Journal was headlined "2%." This number indicated an increase in the percentage of lawyers, from 2012 to 2016, "who worked remotely within the legal industry." Making one's "office" a location other than the physical space leased or owned by oneself or by an employer is hardly news, even as applied to the work of lawyers. Lawyers know as well as anyone that technology allows one to work almost anywhere and, unfortunately, almost any time. What is striking in this brief news item is the use by the flagship …

Professional Liability, Evan A. Kirkham, Derrick R. Ward, Lance G. Henderson

SMU Annual Texas Survey

No abstract provided.

Front Matter

Notre Dame Journal of Law, Ethics & Public Policy

Table of Contents

2017–18 Editorial Board

The Cost Of The Government's Failure To Protect Children Witnessing Parental Arrest And Detainment, Tiffany Simmons, Bahiyyah Muhammad, Kasandra Dodd

American University Business Law Review

No abstract provided.