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Legal Ethics and Professional Responsibility Commons

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Articles 61 - 80 of 80

Full-Text Articles in Legal Ethics and Professional Responsibility

Kentucky Law Survey: Professional Responsibility, Eugene R. Gaetke, Rebecca G. Casey Jan 1982

Kentucky Law Survey: Professional Responsibility, Eugene R. Gaetke, Rebecca G. Casey

Law Faculty Scholarly Articles

In the face of persistent criticism of the legal profession, from within as well as without, the Kentucky Supreme Court exhibits a certain degree of ambivalence toward issues of professional responsibility. This ambivalence manifests itself in two ways.

First, the Court's treatment of different categories of professional misconduct seems at times unjustifiably inconsistent. The Court reacts to certain misconduct in an almost uniformly harsh manner, evincing the attitude of a strict disciplinarian for the practicing bar. Occasionally, however, the Court responds to various other kinds of equally gross misconduct with apparently undue leniency. In such cases the Court seems to …


The Future Of The Chinese Wall Defense To Vicarious Disqualification Of A Former Government Attorney's Law Firm Jan 1981

The Future Of The Chinese Wall Defense To Vicarious Disqualification Of A Former Government Attorney's Law Firm

Washington and Lee Law Review

No abstract provided.


Choice Of Federal Or State Law For Attorneys' Professional Responsibility In Securities Matters, Ted J. Fiflis Jan 1981

Choice Of Federal Or State Law For Attorneys' Professional Responsibility In Securities Matters, Ted J. Fiflis

Publications

Professional standards of duty are implicated in the federal securities laws in two types of cases: those instituted by the SEC to impose sanctions for lack of character or unethical conduct and those brought by the SEC or private parties for violations of substantive provisions of the securities laws. The question faced by Professor Fiflis is whether state or federal standards should define the duties imposed under these laws. He argues that the proper method of resolving this question is to apply an interest analysis. Analyzing the various state and federal interests leads Professor Fiflis to the conclusion that federal …


Constitutional Law - Attorneys' Right To Free Speech Versus Protection Of Fair Trial - Dr 7-107 Restricting Attorneys' Speech During Pending Litigation Only Constitutional To Protect Criminal Jury Trial From Reasonable Likelihood Of Prejudice, Eugene Hamill Jan 1980

Constitutional Law - Attorneys' Right To Free Speech Versus Protection Of Fair Trial - Dr 7-107 Restricting Attorneys' Speech During Pending Litigation Only Constitutional To Protect Criminal Jury Trial From Reasonable Likelihood Of Prejudice, Eugene Hamill

Villanova Law Review (1956 - )

No abstract provided.


Criminal Law - Ineffective Assistance Of Counsel - Burden On Defendant To Demonstrate That Serious Incompetency, Falling Measurably Below The Performance Ordinarily Expected Of Fallible Lawyers, Was Likely To Have Affected The Outcome Of Trial, Clifford H. Lange Jan 1980

Criminal Law - Ineffective Assistance Of Counsel - Burden On Defendant To Demonstrate That Serious Incompetency, Falling Measurably Below The Performance Ordinarily Expected Of Fallible Lawyers, Was Likely To Have Affected The Outcome Of Trial, Clifford H. Lange

Villanova Law Review (1956 - )

No abstract provided.


Attorneys - Law Firm May Obtain Injunction Barring Soliciation Of Clients By Former Salaried Associates, John Stemplewicz Jan 1979

Attorneys - Law Firm May Obtain Injunction Barring Soliciation Of Clients By Former Salaried Associates, John Stemplewicz

Villanova Law Review (1956 - )

No abstract provided.


A Dialogue On The Unauthorized Practice Of Law, Roger Hunter, Robert Klonoff Jan 1979

A Dialogue On The Unauthorized Practice Of Law, Roger Hunter, Robert Klonoff

Villanova Law Review (1956 - )

No abstract provided.


The Lawyer And The Terrorist: Another Ethical Dilemma, F. Thomas Schornhorst Jul 1978

The Lawyer And The Terrorist: Another Ethical Dilemma, F. Thomas Schornhorst

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium


A Lesson From Trollope For Counselors At Law, Thomas L. Shaffer Jun 1978

A Lesson From Trollope For Counselors At Law, Thomas L. Shaffer

Washington and Lee Law Review

No abstract provided.


Presuming Lawyers Competent To Protect Fundamental Rights: Is It An Affordable Fiction?, Robert G. Lawson Jan 1978

Presuming Lawyers Competent To Protect Fundamental Rights: Is It An Affordable Fiction?, Robert G. Lawson

Law Faculty Scholarly Articles

This article explores the ramifications of Wainwright v. Sykes, a case decided before the Supreme Court of the United States in 1977. The broad question before the Court in Sykes concerned the extent to which state prisoners should have access to federal court by use of the writ of habeas corpus. The narrow issue before the Court concerned the impact on a prisoner's claim for habeas relief of procedural defaults (such as a failure to object to evidence, a failure to perfect an appeal, etc.) that occur in the state proceeding under attack. In considering these important issues Justice …


The Privilege Against Self-Incrimination In Bar Disciplinary Proceedings: What Ever Happened To Spevack, Miriam Brenaman Duff Jan 1977

The Privilege Against Self-Incrimination In Bar Disciplinary Proceedings: What Ever Happened To Spevack, Miriam Brenaman Duff

Villanova Law Review (1956 - )

No abstract provided.


A Higher Duty: A New Look At The Ethics Of The Corporate Lawyer, Harvey Frank Jan 1977

A Higher Duty: A New Look At The Ethics Of The Corporate Lawyer, Harvey Frank

Faculty Publications

No abstract provided.


Lawyers And Justice: The Uneasy Ethics Of Partisanship, Harry W. Jones Jan 1977

Lawyers And Justice: The Uneasy Ethics Of Partisanship, Harry W. Jones

Villanova Law Review (1956 - )

No abstract provided.


Pennsylvania Clients' Security Fund - How Secure Is The Public, Robert B. Gigl Jr. Jan 1976

Pennsylvania Clients' Security Fund - How Secure Is The Public, Robert B. Gigl Jr.

Villanova Law Review (1956 - )

No abstract provided.


Attorneys Must Not Enter Partnership Agreements Prohibiting Themselves From Representing Former Clients Upon Termination Of Partnership. Dwyer V. Jung, 133 N.J. Super. 343, 336 A.2d 498 (Ch. 1975), Appeal Docketed, No. 3378-74, App. Div., June 18, 1975., Robert L. Schonfeld Jan 1975

Attorneys Must Not Enter Partnership Agreements Prohibiting Themselves From Representing Former Clients Upon Termination Of Partnership. Dwyer V. Jung, 133 N.J. Super. 343, 336 A.2d 498 (Ch. 1975), Appeal Docketed, No. 3378-74, App. Div., June 18, 1975., Robert L. Schonfeld

Fordham Urban Law Journal

Three attorneys entered into a partnership agreement for the practice of law. Their agreement included a provision that assigned the partnership's insurance carrier clients to individual partners upon the termination of the partnership and restricted the partners from doing business with a client designated as that of another partner for a period of five years. Of these insurance carrier clients, 154 were assigned to the defendant while five were allotted to the plaintiffs. After the partnership was dissolved, the plaintiffs sought a judicial accounting. The defendant counterclaimed, contending that the plaintiffs violated the restrictive covenant of the original partnership agreement …


Concurrent Practice Of Accounting And Law: Public Interest Or Private Gain?, Howard J. Busbee Oct 1967

Concurrent Practice Of Accounting And Law: Public Interest Or Private Gain?, Howard J. Busbee

William & Mary Law Review

No abstract provided.


Attorney's Personal Observation As Within Attorney-Client Privilege Mar 1962

Attorney's Personal Observation As Within Attorney-Client Privilege

Washington and Lee Law Review

No abstract provided.


The Extracurricular Lawyer, John J. Mccloy Sep 1958

The Extracurricular Lawyer, John J. Mccloy

Washington and Lee Law Review

No abstract provided.


The Role Of The Lawyer In A Changing World, Arnold J. Toynbee, John J. Mccloy, Francis P. Gaines Sep 1958

The Role Of The Lawyer In A Changing World, Arnold J. Toynbee, John J. Mccloy, Francis P. Gaines

Washington and Lee Law Review

No abstract provided.


The Role Of The Corporation Counsel, William T. Gossett Sep 1956

The Role Of The Corporation Counsel, William T. Gossett

Washington and Lee Law Review

No abstract provided.