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Legal Ethics and Professional Responsibility Commons™
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Articles 91 - 120 of 194
Full-Text Articles in Legal Ethics and Professional Responsibility
The Legal Profession's Failure To Discipline Unethical Prosecutors, Angela J. Davis
The Legal Profession's Failure To Discipline Unethical Prosecutors, Angela J. Davis
Scholarly Articles in Law Reviews & Journals
This article explores the legal profession's failure to hold prosecutors accountable for misconduct and other ethical violations. Part I introduces the piece, providing several examples of prosecutorial power and abuse in the criminal justice system. Part II discusses prosecutorial misconduct and the inadequacy of current legal remedies. Part III argues that the Model Rules of Professional Responsibility have not provided adequate guidance to prosecutors, and that the disciplinary process has not been effective in disciplining prosecutors when they have abused their power and discretion. Part IV contends that the disbarment of Mike Nifong – the prosecutor in the Duke lacrosse …
Attorney-Client Privilege In The Public Sector: A Survey Of Government Attorneys, Nancy Leong
Attorney-Client Privilege In The Public Sector: A Survey Of Government Attorneys, Nancy Leong
Faculty Publications
No abstract provided.
E-Lawyering, The Aba's Current Choice Of Ethics Law Rule & The Dormant Commerce Clause Invalidates Model Rule 8.5(B)(2) When Applied To Attorney Internet Representations Of Clients, Michael W. Loudenslager
E-Lawyering, The Aba's Current Choice Of Ethics Law Rule & The Dormant Commerce Clause Invalidates Model Rule 8.5(B)(2) When Applied To Attorney Internet Representations Of Clients, Michael W. Loudenslager
William & Mary Bill of Rights Journal
The Internet is becoming the primary manner in which some attorneys serve clients. States have already taken differing views on whether it is acceptable for an attorney to engage in electronic representations of clients. Thus, determining what jurisdiction's law applies to such attorney conduct can be very important in deciding whether this activity constitutes the unauthorized practice of law and, if not, determining the exact duties of an attorney in such representations. This Article argues that the current version of Model Rule of Professional Responsibility 8.5(b), which governs choice of ethics law, can be interpreted to apply the legal ethics …
We Can't Escape Responsibility, Gene R. Nichol
Improving Prosecutorial Decision Making: Some Lessons Of Cognitive Science, Alafair S. Burke
Improving Prosecutorial Decision Making: Some Lessons Of Cognitive Science, Alafair S. Burke
William & Mary Law Review
No abstract provided.
Circular 230 Opinion Standards, Legal Ethics And First Amendment Limitations On The Regulation Of Professional Speech By Lawyers, David T. Moldenhauer
Circular 230 Opinion Standards, Legal Ethics And First Amendment Limitations On The Regulation Of Professional Speech By Lawyers, David T. Moldenhauer
ExpressO
This article addresses the legal ethics and First Amendment implications of recent Treasury Department regulations governing legal opinions on tax-motivated transactions. As discussed in the article, the regulations are intended to address the significant policy and budgetary issue of practitioners’ involvement in the development, marketing and encouragement of abusive tax shelters. However, the article concludes that the regulations are in many respects an inappropriate response to these problems because their prohibitions prevent a lawyer from giving taxpayers a complete, informed assessment of their rights. As such, they create significant ethical conflicts and deny the public legal advice. More generally, they …
A Legal Career For All Seasons: Remembering St. Thomas More’S Vocation, Veryl Victoria Miles
A Legal Career For All Seasons: Remembering St. Thomas More’S Vocation, Veryl Victoria Miles
Scholarly Articles
The vast majority of the work taking place in most law schools is the preparation of law students for the practice of law; namely, to teach legal theory and doctrine, legal analysis, writing, and advocacy. In sum, the goal of most law schools is to teach the many different skills required in law practice and the professional rules of legal ethics. What appears to be lacking in the preparation of future lawyers are lessons on how to incorporate this vast amount of specialized learning and skill in ways that will be harmonious with the personal, moral, and ethical values that …
The Federal Government Lawyer's Duty To Breach Confidentiality, James E. Moliterno
The Federal Government Lawyer's Duty To Breach Confidentiality, James E. Moliterno
Faculty Publications
The lawyer's duty of confidentiality springs from the lawyer-client relationship and its parameters are determined by the nature of that relationship. The federal government lawyer's client is like no other. The uniqueness of representing the United States calls for a unique approach to the duty of confidentiality. Unlike the private individual client, the government as a client does not speak with a single, unmistakable voice. Unlike the private entity client, the federal government has a paramount interest in the public good, including the public's right to know about government (the entity's conduct), especially its misconduct. The result is a client …
U.S. Legal Ethics: The Coming Of Age Of Global And Comparative Perspectives, Laurel Terry
U.S. Legal Ethics: The Coming Of Age Of Global And Comparative Perspectives, Laurel Terry
Faculty Scholarly Works
This Article reviews the influence of comparative law during the past 100 years and then divides the last 100 years into three distinct comparative legal ethics eras. The first era consists of the time period between 1904 and 1973, during which there was both domestic and comparative legal ethics scholarship, although a relatively small amount compared to later years. The second time period, which dates from 1974, when legal ethics became a required course, to 1997, represents the coming of age of domestic legal ethics scholarship. This time period also included a significant amount of legal ethics scholarship employing a …
The "Corporate Watch Dogs" That Can't Bark: How The New Aba Ethics Rules Protect Corporate Fraud, Monroe H. Freedman
The "Corporate Watch Dogs" That Can't Bark: How The New Aba Ethics Rules Protect Corporate Fraud, Monroe H. Freedman
University of the District of Columbia Law Review
No abstract provided.
An Ethos Of Lying, Paul Butler
An Ethos Of Lying, Paul Butler
University of the District of Columbia Law Review
No abstract provided.
Broken Trust And Divided Loyalties: The Paradox Of Confidentiality In Corporate Representation, Laurie A. Morin
Broken Trust And Divided Loyalties: The Paradox Of Confidentiality In Corporate Representation, Laurie A. Morin
University of the District of Columbia Law Review
Should a lawyer protect her client's confidences when she knows that client is about to perpetrate a fraud that will cause substantial financial harm to third parties? For decades, the response of the organized bar has been a resounding "yes." 1 Until August 2003, the American Bar Association's (ABA's) Model Rules of Professional Conduct (Model Rules) provided that a lawyer owes her client a duty of loyalty to preserve the client's confidences, even if that client is about to commit a criminal fraud.2 The recent wave of corporate scandals that led to record-breaking bankruptcies and investor losses prompted the ABA …
Legal Fictions And The Moral Imagination: Female Fictional Lawyers Encounter Professional Responsibility, Kathryn A. Lee, Elizabeth Morgan
Legal Fictions And The Moral Imagination: Female Fictional Lawyers Encounter Professional Responsibility, Kathryn A. Lee, Elizabeth Morgan
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack
United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack
William & Mary Bill of Rights Journal
The Supreme Court will decide as a matter of law whether an American citizen detained as an enemy combatant has the right to counsel. The author argues that as a matter of ethics, the answer is clear - there is a right to counsel. In this Article, the author analyzes the cases regarding Jose Padilla and Yaser Esam Hamdi discusses ABA Model Rule 4.2, and its application, and proposes an amendment to Rule 4.2's Comment.
Critical Perspectives On The Legal Profession In England And Wales (Book Review), Susan Carle
Critical Perspectives On The Legal Profession In England And Wales (Book Review), Susan Carle
Scholarly Articles in Law Reviews & Journals
Book Review of DONALD NICOLSON & JULIAN WEBB, PROFESSIONAL LEGAL ETHICS: CRITICAL INTERROGATIONS, Oxford University Press, 1999. Pp. 292.
Broad Prohibition, Thin Rationale: The Acquisition Of An Interest And Financial Assistance In Litigation Rules, James E. Moliterno
Broad Prohibition, Thin Rationale: The Acquisition Of An Interest And Financial Assistance In Litigation Rules, James E. Moliterno
Faculty Publications
No abstract provided.
Legal Ethics For Environmental Lawyers: Real Problems, New Challenges, And Old Values, Sanford M. Stein, Jan M. Geht
Legal Ethics For Environmental Lawyers: Real Problems, New Challenges, And Old Values, Sanford M. Stein, Jan M. Geht
William & Mary Environmental Law and Policy Review
No abstract provided.
Conceptions Of Lawyers' Agency In Legal Ethics Scholarship, Susan Carle
Conceptions Of Lawyers' Agency In Legal Ethics Scholarship, Susan Carle
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Hired Guns And Smoking Guns: Mccabe V British American Tobacco Australia Ltd, Camille Cameron
Hired Guns And Smoking Guns: Mccabe V British American Tobacco Australia Ltd, Camille Cameron
Articles, Book Chapters, & Popular Press
Significant ethical and procedural issues raised in the case of McCabe v British American Tobacco Australia Services Ltd - history of events leading to the Supreme Court of Victoria decision, particularly the implementation of the controversial 'Document Retention Policy' - procedural issues, including the role and purpose of discovery, nature of the striking out remedy and extent to which the adversarial system might be to blame for some of the conduct of the defence and its solicitors - ethical issues raised in the case - close links between American and Australian tobacco litigation and the influence of American tobacco lawyers …
A Critique Of Burrow V. Arce, Charles Silver
A Critique Of Burrow V. Arce, Charles Silver
William & Mary Environmental Law and Policy Review
No abstract provided.
Lawyers' Ethics And Fiduciary Obligation In The Brave New World Of Aggregative Litigation, Lester Brickman
Lawyers' Ethics And Fiduciary Obligation In The Brave New World Of Aggregative Litigation, Lester Brickman
William & Mary Environmental Law and Policy Review
No abstract provided.
When Lawyers Break The Law: How The District Of Columbia Court Of Appeals Disciplines Members Of The Bar Who Commit Crimes, Larry Cunningham
When Lawyers Break The Law: How The District Of Columbia Court Of Appeals Disciplines Members Of The Bar Who Commit Crimes, Larry Cunningham
University of the District of Columbia Law Review
No abstract provided.
Experience And Legal Ethics Teaching, James E. Moliterno
Experience And Legal Ethics Teaching, James E. Moliterno
Faculty Publications
No abstract provided.
From Buchanan To Button: Legal Ethics And The Naacp (Part Ii), Susan Carle
From Buchanan To Button: Legal Ethics And The Naacp (Part Ii), Susan Carle
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Ethical Issues For Lawyers In A Multi-Disciplinary Practice World: Combined Resources
Ethical Issues For Lawyers In A Multi-Disciplinary Practice World: Combined Resources
William & Mary Annual Tax Conference
No abstract provided.
Ethical Challenges To Legal Education And Conduct, James E. Moliterno
Ethical Challenges To Legal Education And Conduct, James E. Moliterno
Faculty Publications
No abstract provided.
Why Formalism?, James E. Moliterno
New Ethics Rules For The New Millennium, Dennis W. Dohnal, John Levy
New Ethics Rules For The New Millennium, Dennis W. Dohnal, John Levy
William & Mary Annual Tax Conference
No abstract provided.
Confidentiality, Conflict Of Interest And Tax Professionals, James P. Holden
Confidentiality, Conflict Of Interest And Tax Professionals, James P. Holden
William & Mary Annual Tax Conference
No abstract provided.
The Purposes Of Legal Ethics And The Primacy Of Practice, Robert P. Burns
The Purposes Of Legal Ethics And The Primacy Of Practice, Robert P. Burns
William & Mary Law Review
No abstract provided.