Legal Ethics and Professional Responsibility Commons^™

Informal Remarks On Professionalism, Burnele V. Powell

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Corporate-Family Conflicts, Charles W. Wolfram

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

The Lawyer's Duty To Disclose Material Facts In Contract Or Settlement Negotiations, Nathan M. Crystal

Kentucky Law Journal

No abstract provided.

Rethinking The Way Law Is Taught: Can We Improve Lawyer Professionalism By Teaching Hired Guns To Aim Better?, W. William Hodges

Kentucky Law Journal

No abstract provided.

Cautionary Tale From The Multidisciplinary Practice Debate: How The Traditionalists Lost Professionalism, A The Phyllis W. Beck Chair In Law Symposium: New Roles, No Rules - Redefining Lawyers' Work - Redefining Lawyers' Work: Multidisciplinary Practice, Russell G. Pearce, Amelia J. Uelmen:

Faculty Scholarship

The author presents a fictional conversation among Lawrence J. Fox, other noted legal scholars, and himself concerning the ethics and changes in the legal profession.

Renewed Introspection And The Legal Profession, Eugene R. Gaetke

Law Faculty Scholarly Articles

As the twentieth century draws to a close, the legal profession again immersed in a process of self-assessment, reflection, and reform. Operating on several fronts, various constituent elements of the bar have recently completed or have underway significant projects relating to the law of lawyering.

Two efforts stand out in particular. For more than a decade, the American Law Institute has labored in the production of a new Restatement of the Law Governing Lawyers, and the organization stands now on the brink of that monumental work's publication. Equally significant, the American Bar Association has again undertaken a comprehensive review of …

Living "Top-Down" In A "Bottom-Up" World: Musings On The Relationship Between Jewish Ethics And Legal Ethics, Nancy B. Rapoport

Scholarly Works

This article discusses the differences between how Jewish ethics are disseminated and how legal ethics are created, and it walks the reader through some classic examples of the conflicts between the two.

Around The Nation, Paula Hannaford-Agor

Popular Media

A number of courts have taken strong steps to deal with issues of lawyer professionalism and competence. Some state appellate courts have declared incivility unacceptable, and some trial courts have closely regulated lawyer conduct in the courtroom. Some state court systems have instituted com­missions, standards and programs to improve significantly professionalism, ethics, and excellence in practice. But more judicial leadership and daily involvement is needed in all these areas. It is this goal that the Conference of Chief Justices (CCJ) has addressed in its bold and comprehensive National Action Plan on Lawyer Conduct and Professionalism, unanimously adopted by the CCJ …

1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin

Scholarly Works

No abstract provided.

Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer

Journal Articles

The first thing Niebuhr and Guttman are telling us to do is to look around and figure out what is going on around us. With that in mind, it has seemed to me that, at the simplest, a lawyer (or a journalist) functions in at least four communities, any one of which might be a community to talk about lawyers' moral questions in.

My inquiry, then, is an inquiry in communitarian legal ethics, using a Guttman-Niebuhr focus on responsibility. I infer a further question about communities of moral discernment—that is, not only where a modern lawyer is responsible but also …

What Is The Common Good, And Why Does It Concern The Client's Lawyer?, John M. Finnis

Journal Articles

Why is anything of real concern to any of us? Because, besides our simply emotional motives, we have reasons for action (which may be supported or opposed by our emotions). What are reasons for action? Some are instrumental, means to further ends: I have reason to start reading this paper to you, and you had reason to come back into the room to hear it. What reasons? Well, doing so is my contribution to this symposium's reflection on its subject-matter. That reflection, in turn, is intended to be instrumental in promoting a wider and deeper understanding of an important set …

Virtuous Lying: A Critique Of Quasi-Categorical Moralism, William H. Simon

Faculty Scholarship

Popular and professional moralists have a tendency to over-condemn lying. This Article is a critique of that tendency and the more general outlook it exemplifies, which I call Quasi-Categorical Moralism. I begin with an illustration from my own experience of morally appropriate lying that is condemned by the legal profession's ethics norms. I proceed to a critical examination of the arguments against lying in what is perhaps the best known contemporary work on professional ethics – Sissela Bok's Lying. I then explore the more sympathetic treatment of lying in a broad range of literary and philosophical works typically ignored …

The Legal And The Ethical In Legal Ethics: A Brief Rejoinder To Comments On The Practice Of Justice, William H. Simon

Faculty Scholarship

We have here, not the clash of opposites, but a series of family quarrels within what you might call the Party of Aspiration in legal ethics. My seven allies and I all favor lawyers' ethic of more complex judgment, and more responsibility to nonclients than the currently dominant one. The differences among us are not large from the broadest perspective, but they involve issues that are quite important to the elaboration of the sort of alternative ethic we would like to see.

I am enormously grateful for the care and attention the commentators have taken. They have frequently stated my …

Reasonable Expectations In Families, Businesses, And Family Businesses: A Comment On Rollock, Terry A. O'Neill

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

Professional Responsibility And Organization Of The Family Business: The Lawyer As Intermediary, Alysa Christmas Rollock

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

One Lawyer For The Family: A Response To Alysa Rollock, Patrick L. Baude

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

Kentucky Law Survey: Professional Responsibility, William H. Fortune

Kentucky Law Journal

No abstract provided.

Medical Paradigms For Counseling: Giving Clients Bad News, Linda F. Smith

Utah Law Faculty Scholarship

When lawyers must give clients "bad news," they should draw upon the lessons that emerge from the world of medical counseling. Lawyers must be direct and candid about the state of affairs. They must fully describe how grim the situation appears nd explain why this is their opinion. They must enter into a dialogue in which the client's questions are answered and the client's feelings are respected and responded to. Lawyers must be self-aware in order to avoid re-sponding dysfunctionally to the client's reactions. They should show empathy and communicate hope to the "whole person" who is the client. Only …

The Attorney-Client Privilege, Ethical Rules, And The Impaired Criminal Defendant, James A. Cohen

University of Miami Law Review

No abstract provided.

Independent, Professional Judgment: The Essence Of Freedom, Bennett H. Brummer

St. Thomas Law Review

This Article will address the concept of professionalism from a criminal defense attorney's perspective and, more specifically, from the perspective of a public defender. The public defender mission is based on our ideals of freedom and equal justice under law. I have spent twenty-five years as a participant in, and observer of, our judicial system. Whether in government or professional circles, public defenders are often outsiders. We are often treated as the illegitimate children at the family reunion. It is from that perspective that I hope to be of some service to you.

The Role Of Ethics And Unauthorized Practice Opinions In Regulating The Practice Of Law In Kentucky, William H. Fortune

Law Faculty Scholarly Articles

The purpose of this article is to discuss the role of ethics and unauthorized practice opinions in regulating the practice of law, with suggestions for clarification and improvement.

The Kentucky Bench and Bar, the quarterly journal of the Kentucky Bar Association ("KBA"), prints "Advisory Ethics Opinions" and "Unauthorized Practice Opinions" over the signatures of the respective chairs of the Ethics and Unauthorized Practice of Law ("UPL") Committees. This article describes: 1) how ethics and unauthorized practice opinions are generated; 2) the legal effect of the opinions; 3) the relationship of ethics opinions to attorney discipline; 4) the Board of Bar …

Unreasonable Risk: Model Rule 1.6, Environmental Hazards, And Positive Law, Irma S. Russell

Washington and Lee Law Review

No abstract provided.

Conflicts For Sports And Entertainment Attorneys: The Good News, The Bad News, And The Ugly Consequences, John A. Walton

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

From Grievance And Complaint To Sanction: Understanding & Bearing The Burden, John P. Sahl

Akron Law Faculty Publications

This article explores the complex and often opaque process of judicial and attorney discipline, focusing on the path from initial grievance to final sanction. It critically examines how complaints are evaluated, how disciplinary bodies function, and the burdens placed on both the complainant and the accused within this system. The author discusses procedural hurdles, evidentiary standards, and the discretionary nature of disciplinary outcomes, highlighting how these factors can lead to inconsistencies and perceived injustices. The article emphasizes the emotional, professional, and reputational toll on individuals involved and underscores the need for transparency, fairness, and support structures within the disciplinary process. …

Screen Verité: Do Rules About Ethical Screens Reflect The Truth About Real-Life Law Firm Practice?, Lee A. Pizzimenti

University of Miami Law Review

No abstract provided.

Cries And Whispers: Environmental Hazards, Model Rule 1.6, And The Attorney's Conflicting Duties To Clients And Others, Irma S. Russell

Faculty Works

This article examines the ethical tensions lawyers face when client confidentiality conflicts with the potential for environmental harm. This article focuses on Model Rule 1.6 of the Model Rules of Professional Conduct, arguing that its categorical approach to confidentiality often compels silence even when public safety is at stake. By exploring the role of attorneys as both client advocates and officers of the court, the article critiques the profession’s prioritization of the “attorney as champion” model. Using the hypothetical of a domestic environmental disaster akin to Bhopal, the article highlights the inadequacy of current ethical rules to address widespread …

Legal Ethics & Practical Politics: Musings On The Public Perception Of Lawyer Discipline, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

Cercla The Wagons, Our Attorney Just Switched Sides And Now Fights For Apache: Gte North, Inc. V. Apache Products Company, Christopher M. Jaarda

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Less Is More: Teaching Legal Ethics In Context Symposium: 1997 W. M. Mikeck Foundation Forum On The Teaching Of Legal Ethics, Bruce A. Green

Faculty Scholarship

We who teach legal ethics employ many of the teacher's arts to win our students' appreciation for the course. We do not always succeed. As Deborah Rhode has observed, "[t]here are inherent problems and infinite ways to fail in teaching this subject." Yet, we continue to seek a method for teaching the course effectively. If nothing else, our efforts have led to the development of a substantial body of literature on teaching legal ethics to which this Article will contribute. Its focus is on what, rather than how, to teach. This Article asks: What should be the content of the …

On Living One Way In Town And Another Way At Home, Thomas L. Shaffer

Journal Articles

The title of this Lecture is from Harper Lee's novel To Kill a Mockingbird. The occasion for the proposition is when the smalltown southern gentleman-lawyer Atticus Finch is given an opportunity to lie to protect his son from harm. He refuses. He says that the most important thing he has for his son is not protection but integrity. He says, "I can't live one way in town and another way in my home. "

The separation of town from home is an old one in the history of lawyers in America. When you trace the nineteenth-century development of legal ethics, …