Legal Ethics and Professional Responsibility Commons^™

Misrepresentation By Lawyers About Credentials Or Experience, Vincent R. Johnson, Shawn M. Lovorn

Oklahoma Law Review

No abstract provided.

On International And Interdisciplinary Legal Ethics Scholarship, W. Bradley Wendel

Cornell Law Faculty Publications

"Legal Ethics is an international and interdisciplinary journal dedicated to the field of legal ethics." The mission statement of this journal poses three concise challenges for scholars in this discipline: To define the domain of legal ethics, to study it from a perspective that is valid across jurisdictional boundaries, and to incorporate the insights of related disciplines. As befits an emerging and exciting field, lawyers and university faculty throughout the English- speaking common-law world have begun to engage with all three of these problems. The book reviews section of Legal Ethics has highlighted the publication of many of the …

Should A Lawyer Ever Be Allowed To Lie? People V. Pautler And A Proposed Duress Exception, Livingston Keithley

University of Colorado Law Review

No abstract provided.

Teaching Practical Wisdom, Deborah J. Cantrell

Publications

No abstract provided.

Legislating Morality: The Duty To The Tax System Reconsidered, Watson

Scholarly Works

Four years ago, I presented a paper at a symposium on professionalism jointly sponsored by the University of Kansas Law School and the Kansas Bar Association. That paper espoused the view (contrary to what appears to be the popular view among tax scholars) that tax lawyers owe no special duty to the "tax system" other than to abide by the law and the applicable standards of professional conduct. During the four-year interim since my last visit to Kansas, however, we have witnessed the deleterious effect of the IRS Restructuring and Reform Act of 1998 (RRA '98) on IRS enforcement and …

Pro Bono In Principle And In Practice, Deborah L. Rhode

Journal of Legal Education

No abstract provided.

What's A Mediator To Do - Adopting Ethical Guidelines For West Virginia Mediators, Madeleine H. Johnson

West Virginia Law Review

No abstract provided.

Rethinking "Like A Lawyer": An Incrementalist's Proposal For First-Year Curriculum Reform, John C. Kleefeld

Journal of Legal Education

No abstract provided.

When The Hurlyburly's Done: The Bar's Struggle With The Sec, Susan P. Koniak

Faculty Scholarship

Enron went bust. Global Crossing went bust. WorldCom went bust. And underneath all their apparent gold we found, not mere mistakes, but rot and more rot and more rot still. And the rot had to be named, and it was: accounting scandal. The name stuck, and names matter. Arthur Andersen knows.

What Gets Judges In Trouble, Richard H. Underwood

Law Faculty Scholarly Articles

I wrote this article to collect some cautionary material about “what gets judges in trouble.” I wanted something I could offer to our state judges, practitioners, and my legal ethics students. While I have never been a judge, and while I have never worked for a judicial conduct organization, I have been a law professor for almost twenty-five years and the chairman of a state bar association ethics committee for fourteen. I am not the kind of person who would refrain from holding forth just because I may not know what I am talking about.

When I started out, I …

Reason And Authority In Legal Ethics, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

A Bermuda Triangle In The Tripartite Relationship: Ethical Dilemmas Raised By Insurers' Billing And Litigation Management Guidelines, Amy S. Moats

West Virginia Law Review

No abstract provided.

Turn Up The Volume: The Need For "Noisy Withdrawal" In A Post Enron Society, Ryan Morrison

Kentucky Law Journal

No abstract provided.

The Law School Clinic As A Model Ethical Law Office, Peter A. Joy

William Mitchell Law Review

In this essay, I contend that all clinical teachers should explicitly acknowledge that they are legal ethics and professional responsibility teachers and role models of the “good lawyer” in everything they do. I argue that every in-house clinical teacher should strive to make her clinic a model ethical law office.

Lawyers As Prophets, Thomas L. Shaffer

St. Thomas Law Review

Legal ethics is about injustice. My effort here is part of the broad, modern academic enterprise, and of the broad, modern professional enterprise now usually called professional responsibility. Both date from the Watergate scandal in the administration of President Richard M. Nixon, and the rejection, by legal academics and practicing lawyers, of the behavior of the President and other lawyers in that affair. Our modern enterprise, like the biblical Exodus, was born in outrage at the abuse of legal power. In university law schools such as this one, legal ethics is now a discipline characterized by schools of thought on …

The Lawyer As Public Citizen: Meeting The Pro Bono Challenge, Irma S. Russell

Faculty Works

This article examines the lawyer’s role as a public citizen through the lens of the professional responsibility to provide pro bono legal services. It explores the evolution and implications of the American Bar Association’s Model Rule 6.1, which defines pro bono service as a professional obligation rather than a discretionary act of charity. The discussion traces the historical foundations of lawyers’ duties to serve the public, the ethical considerations debated by the ABA’s Ethics 2000 Commission, and the tension between voluntary and mandatory service. The article also highlights the practical role of law firms and professional organizations in fostering a …

What I Think That I Have Learned About Legal Ethics, Richard H. Underwood

Law Faculty Scholarly Articles

In this short piece I want to say a few things that other academics teaching legal ethics may find disturbing. I say this because I believe that I may be swimming against the current academic fashion. Of course, it is possible that I do not have a very good handle on the current academic fashion. I hope I am not setting up a straw person to knock down, but I may be. If I am, I am sure someone will call me to task. What I am going to say is this: contrary to popular belief (among practitioners, at least) …

Reinterpreting Professional Identity, Norman W. Spaulding

University of Colorado Law Review

No abstract provided.

"Up The Ladder" And Over: Regulating Securities Lawyers-Past, Present & Future, Theodore Sonde, F. Ryan Keith

Washington and Lee Law Review

No abstract provided.

Should Klansmen Be Lawyers? Racism As An Ethical Barrier To The Legal Profession, Carla Pratt

Faculty Articles

No abstract provided.

Legal And Professional Ethics: The Regulation Of Ancillaries And Law-Related Services Reaches Oklahoma, D. Kencade Babb

Oklahoma Law Review

No abstract provided.

Taking Ethical Discretion Seriously: Ethical Deliberation As Ethical Obligation, Samuel J. Levine

Scholarly Works

This Article builds on and responds to the work of a number of leading ethics scholars who have offered alternatives to the prevailing model of legal ethics. Specifically, the Article proposes a "Deliberative Model," which posits that the lawyer's professional responsibility carries with it a duty on the individual lawyer to exercise discretion through consideration of the relevant ethical issues. Thus, the Article takes seriously the principle of ethical discretion, respecting the role of individual ethical decision-making but requiring that such decision-making be carried out through a justifiable process of ethical deliberation.

Ethical Versus Procedural Approaches To Civility: Why Ethics 2000 Should Have Adopted A Civility Rule, Christopher J. Piazzola

University of Colorado Law Review

No abstract provided.

Subordinate Lawyers And Insubordinate Duties, Douglas R. Richmond

West Virginia Law Review

No abstract provided.

Integrity: Its Causes And Cures, David Luban

Georgetown Law Faculty Publications and Other Works

Integrity is a good thing, isn't it? In ordinary parlance, we sometimes use it as a near synonym for honesty, but the word means much more than honesty alone. It means wholeness or unity of person, an inner consistency between deed and principle. "Integrity" shares etymology with other unity-words-integer, integral, integrate, integration. All derive from the Latin integrare, to make whole. And the person of integrity is the person whose conduct and principles operate in happy harmony. Our psyches always seek that happy harmony. When our conduct and principles clash with each other, the result, social psychology teaches us, is …

Lawyers As Prophets, Thomas L. Shaffer

Journal Articles

Legal ethics is about injustice. My effort here is part of the broad, modern academic enterprise, and of the broad, modern professional enterprise now usually called professional responsibility. Both date from the Watergate scandal in the administration of President Richard M. Nixon, and the rejection, by legal academics and practicing lawyers, of the behavior of the President and other lawyers in that affair. Our modern enterprise, like the biblical Exodus, was born in outrage at the abuse of legal power.

In university law schools such as this one, legal ethics is now a discipline characterized by schools of thought on …

Is There A Role For Lawyers In Preventing Future Enrons, Jill E. Fisch, Kenneth M. Rosen

Villanova Law Review (1956 - )

No abstract provided.

Law As Social Work, Jane H. Aiken, Stephen Wizner

Georgetown Law Faculty Publications and Other Works

In our work as lawyers for low income clients and as clinical teachers, we are sometimes told by our professional counterparts in private practice - especially those who work in large corporate firms - that what we do "isn't law, it's social work." Similarly, our students sometimes complain that the work they do on behalf of low income clients "isn't law, it's social work." In the past we have tended to respond to this "social worker" charge defensively. We insisted that what we and our students do is "law," that it is really no different from what private practitioners do …

Whom (Or What) Does The Organization's Lawyer Represent?: An Anatomy Of Intraclient Conflict, William H. Simon

Faculty Scholarship

Professional responsibility issues involving organizational clients are distinctively difficult because organizations consist of constituents with conflicting interests. Legal doctrine has only recently begun to address the effect of internal conflict on a lawyer's responsibilities to an organizational client. Under current doctrine, the lawyer's responsibilities differ strongly depending on whether the representation is characterized as 'joint" representation of the organization 's constituents or "entity" representation. This Article argues that the choice between the two characterizations often has been arbitrary and that the underlying differences between them have been misunderstood. With respect to entity representation, it criticizes a prominent tendency in the …

Corporate Fraud: See, Lawyers, Susan P. Koniak

Faculty Scholarship

The accounting profession must bear a good deal of responsibility for the current wave of corporate scandals, as must those CEOs whose watchword was greed, lackadaisical directors, projections-for-hire investment analysts, banks selling methods designed to deceive, and institutional investors asleep at the switch. One set of villains, however, have managed thus far to float beneath the radar screen and thus escape the lion-sized portion of blame that should rightly be laid at their door: lawyers.