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Legal Ethics and Professional Responsibility Commons™

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Legal ethics

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Full-Text Articles in Legal Ethics and Professional Responsibility

Lawyers And Butlers: The Remains Of Amoral Ethics, W. Bradley Wendel Oct 1995

Lawyers And Butlers: The Remains Of Amoral Ethics, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

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Through The Looking Glass Of Ethics And The Wrong With Rights We Find There, Susan P. Koniak Oct 1995

Through The Looking Glass Of Ethics And The Wrong With Rights We Find There, Susan P. Koniak

Faculty Scholarship

An ethic that imposes strong obligations to protect those who are most powerful and capable of protecting themselves and weak obligations to protect the powerless and most vulnerable is wrong. I take it this first proposition is self-evident, at least for those of us who still feel comfortable speaking of right and wrong. For those more comfortable speaking of "efficiency" and "inefficiency," the inefficiency of such an ethical system should similarly be self-evident.

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Paying Attention To The Signs, Susan P. Koniak, Geoffrey C. Hazard Jr. Jul 1995

Paying Attention To The Signs, Susan P. Koniak, Geoffrey C. Hazard Jr.

Faculty Scholarship

After all our efforts and all Keck's money, where are we? Some good has been accomplished. By committing its resources to the study of legal ethics, the W.M. Keck Foundation has encouraged law schools to pay attention to a subject all too often ignored. That itself is good. The money has made things happen. Schools have held conferences devoted to legal ethics that otherwise would not have been held;1 schools have experimented with teaching programs in legal ethics that otherwise might have been left untried;' members of the practicing bar have had conversations and debates with academics about the …

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An Authentic Life In The Law: A Tribute To James K. Logan, Irma S. Russell Apr 1995

An Authentic Life In The Law: A Tribute To James K. Logan, Irma S. Russell

Faculty Works

UMKC School of Law Professor Irma S. Russell reflects on the professional life and legacy of Judge James K. Logan, exploring his career as a model of integrity, intellect, and dedication to justice. Through the lens of her experiences as his former law clerk, Russell examines broader questions about what constitutes a meaningful and ethical life in the legal profession. Blending biography, personal reflection, and professional critique, Russell argues that authenticity in law arises from commitment to community, ethical responsibility, and the pursuit of the common good.

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Introduction: Towards An Inclusive Professionalism, Peter Margulies Jan 1995

Introduction: Towards An Inclusive Professionalism, Peter Margulies

St. Thomas Law Review

The landscape of lawyering seems bewilderingly chaotic today, compared with images of practices past, replete with country clubs and white male practitioners.' Despite their exclusiveness, corporate law firms of old at least had some shared values, and some commitment to norms other than those generated by the market. Our society, as well as the legal profession, is more diverse than it was. The present-day invocation of professionalism is one reaction to the increased diversity of the legal profession, and to the vaulting prominence of market forces, which has reduced many lawyers in major firms to a race to the bottom …

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Professionalism And Life In The Trenches: The Case Of The Public Defender, Rodney Thaxton, Lida Rodriguez-Taseff Jan 1995

Professionalism And Life In The Trenches: The Case Of The Public Defender, Rodney Thaxton, Lida Rodriguez-Taseff

St. Thomas Law Review

I would like to start with a little story. This actually happened during my employment at the Dade County Public Defender's office, when I was in juvenile court. There was this very bright young man who, having been arrested for stealing bicycles, was in detention. He had figured out an ingenious way to steal bicycles. He would go into the bicycle section in department stores, get a bicycle, and start riding it around. An employee would invariably say, "Oh, you can't ride that bicycle in here. Take it out," and would escort him to the door with the bicycle. He …

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Greetings, Daniel J. Morrissey Jan 1995

Greetings, Daniel J. Morrissey

St. Thomas Law Review

No abstract provided.

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Be Just To One Another: Preliminary Thoughts On Civility, Moral Character, And Professionalism, Mark Neal Aaronson Jan 1995

Be Just To One Another: Preliminary Thoughts On Civility, Moral Character, And Professionalism, Mark Neal Aaronson

St. Thomas Law Review

The premise of this Article is that the inability of lawyers to conduct themselves in a reasonable fashion has less to do with a lack of good manners or ignorance about what conduct is expected, but has more to do with not having the strength of character needed to exercise self-discipline when making practical or ethical choices. I focus on civility because it speaks to both the profession's present distress over an apparent deterioration in lawyer behavior and its ongoing interest in lawyers of high moral character. My main agenda is to reintroduce certain ancient, classical ideas about civility as …

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Remarks: Professionalism And The Courts, Ursula Ungaro-Benages Jan 1995

Remarks: Professionalism And The Courts, Ursula Ungaro-Benages

St. Thomas Law Review

No abstract provided.

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Legal Professionalism: Do Ethical Rules Require Zealous Representation For Poor People, Michelle S. Jacobs Jan 1995

Legal Professionalism: Do Ethical Rules Require Zealous Representation For Poor People, Michelle S. Jacobs

St. Thomas Law Review

No abstract provided.

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Cross-Examining Legal Ethics: The Roles Of Intentions, Outcomes, And Character, R. George Wright Jan 1995

Cross-Examining Legal Ethics: The Roles Of Intentions, Outcomes, And Character, R. George Wright

Kentucky Law Journal

No abstract provided.

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In Search Of Greener Pastures: Do Solicitation Rules And Other Ethical Restrictions Governing Departing Partners Really Make Sense Today, Judy Royer May Jan 1995

In Search Of Greener Pastures: Do Solicitation Rules And Other Ethical Restrictions Governing Departing Partners Really Make Sense Today, Judy Royer May

Villanova Law Review (1956 - )

No abstract provided.

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Avoiding Error In Closing Argument, H. Patrick Furman Jan 1995

Avoiding Error In Closing Argument, H. Patrick Furman

Publications

No abstract provided.

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The Profession Of Law: Columbia Law School's Use Of Experiential Learning Techniques To Teach Professional Responsibility, Carol B. Liebman Jan 1995

The Profession Of Law: Columbia Law School's Use Of Experiential Learning Techniques To Teach Professional Responsibility, Carol B. Liebman

Faculty Scholarship

Columbia Law School's ethics course, "The Profession of Law" ("POL"), is an interactive, experiential exploration of lawyer ethics. The course, required for all third-year students, is taught on an intensive basis during the first week of the fall semester. It begins on Monday morning, the first day of the semester, and runs through mid-afternoon on the following Friday. The course has five goals: to introduce students to the rules that govern professional conduct; to help them develop an analytic framework for making ethical decisions in those broad areas where the rules do not give clear answers; to provoke them to …

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The Criminal Defense Lawyer's Reliance On Bias And Prejudice, Eva Nilsen Oct 1994

The Criminal Defense Lawyer's Reliance On Bias And Prejudice, Eva Nilsen

Faculty Scholarship

This Article is divided into three parts. Part I examines both the many contexts in which criminal defense lawyers and clinical students encounter bias and prejudice,12 and the commonly-raised objections to its exploitation. Part II looks at the way the tactical use of bias relates to a lawyer's duty of zealous advocacy. Here, the Article focuses on whether existing ethics rules provide guidance for a lawyer's use of bias and whether proposed rules aimed at eliminating such advocacy would improve or diminish justice. This article argues against such efforts because they impinge on legitimate lawyering, and they may distract …

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Upon Leaving A Firm: Tell The Truth Or Hide The Ball, Charles E. Cantu, Jared V. Woodfill Jan 1994

Upon Leaving A Firm: Tell The Truth Or Hide The Ball, Charles E. Cantu, Jared V. Woodfill

Villanova Law Review (1956 - )

No abstract provided.

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The Lawyer's Duty Of Public Service: More Than Charity?, Tigran W. Eldred, Thomas Schoenherr Jan 1994

The Lawyer's Duty Of Public Service: More Than Charity?, Tigran W. Eldred, Thomas Schoenherr

Faculty Scholarship

The question of whether lawyers have an ethical duty to perform public service-and, in particular, whether the obligation requires that a percentage of time be devoted to providing free legal services to the poor'-has a disjointed and uneven history. Leaders of the bar, espousing various and often conflicting views of morality, compassion, noblesse oblige, and individual autonomy, have contributed to this state of affairs, creating a complicated web of vague ideals that today jeopardizes the legal profession's sense of its own public obligations. On the one hand, the legal profession remains dedicated to the traditional view that public service …

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A Conflict Is A Conflict Is A Conflict: Fiduciary Duty And Lawyer - Client Sexual Relations, Matthew Certosimo Oct 1993

A Conflict Is A Conflict Is A Conflict: Fiduciary Duty And Lawyer - Client Sexual Relations, Matthew Certosimo

Dalhousie Law Journal

Does a lawyer breach his' fiduciary duty by engaging in sexual activity with a client?' The Nova Scotia Barristers' Society is attempting to answer this very question with a proposed Rule in the Legal Ethics and Professional Responsibility Handbook : Chapter 24 on Sexual Relation-ships with a Client. The purpose of this paper is to review the proposed Rule in the context of a lawyer's fiduciary duty to his client.

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Post-Trial Interviews With Jurors: An Absence Of Regulation In West Virginia, Pamela M. Smoljanovich Jun 1993

Post-Trial Interviews With Jurors: An Absence Of Regulation In West Virginia, Pamela M. Smoljanovich

West Virginia Law Review

No abstract provided.

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It's Not Easy Being Easy: Advising Tax Return Positions , J. Timothy Philipps Mar 1993

It's Not Easy Being Easy: Advising Tax Return Positions , J. Timothy Philipps

Washington and Lee Law Review

No abstract provided.

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How I Changed My Mind, Thomas L. Shaffer Jan 1993

How I Changed My Mind, Thomas L. Shaffer

Journal Articles

My own changes of mind are not unique. I am one of a small group of law teachers who have, over the last thirty years, become clearer in formulating an Hebraic legal ethic. We are a minority who have become bolder. We owe such courage as we have located for that to modern pioneers, most notably Harold Berman, and, more lately, Emily Hartigan. What has changed most for us has been the clarity of our public witness; the substance all along has been old-time religion. When I say "clarity" I mean that we have come to see this substance in …

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The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer Jan 1993

The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer

Journal Articles

Modem American lawyers impose on one another regulatory rules that speak to the old argument but have not resolved it. One of these requires lawyers to advocate the interests of their clients with zeal; another forbids them from arguing that they believe what they say, or in the merit of what they are asking the government to do. The latter of these is a rule against vouching for clients. Rules that require zeal and forbid vouching seek to prevent both advertent deceit and an "unprofessional" limitation of advocacy to causes lawyers believe in. My claim is that these rules are …

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Further Reflections On Libertarian Criminal Defense, William H. Simon Jan 1993

Further Reflections On Libertarian Criminal Defense, William H. Simon

Faculty Scholarship

Since David Luban's is the work on legal ethics that I admire and agree with most, there is an element of perversity in my vehement critique of his arguments on criminal defense. I am therefore especially thankful for his gracious and thoughtful response. Nevertheless, I remain convinced that Luban is mistaken in excepting criminal defense from much of the responsibility to substantive justice that we both think appropriate in every other sphere of lawyering.

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Government Civil Investigations And The Ethical Ban On Communicating With Represented Parties, Ernest F. Lidge Iii Jul 1992

Government Civil Investigations And The Ethical Ban On Communicating With Represented Parties, Ernest F. Lidge Iii

Indiana Law Journal

No abstract provided.

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Client Fraud And The Securities Lawyer's Duty Of Confidentiality, Richard M. Phillips Jun 1992

Client Fraud And The Securities Lawyer's Duty Of Confidentiality, Richard M. Phillips

Washington and Lee Law Review

No abstract provided.

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The Law Between The Bar And The State, Susan P. Koniak Jun 1992

The Law Between The Bar And The State, Susan P. Koniak

Faculty Scholarship

The traditional understanding of the relation between law and professional legal ethics is that legal ethics covers matters not covered by law; that ethics sits passively above law, starting where law leaves off. In this Article, Professor Susan Koniak argues that this understanding is wrong. She asserts that professional ethics are in competition and conflict with law as it is embodied in the pronouncements of courts and legislatures. Although "law" is usually considered to be the near exclusive preserve of the state, the Article contends that private groups also have "law," but it is usually called "ethics." The legal profession's …

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Avalon Ethics, Thomas D. Eisele Jan 1992

Avalon Ethics, Thomas D. Eisele

Faculty Articles and Other Publications

Book review of Thomas Shaffer & Nancy Shaffer, American Lawyers and Their Communities (1991)

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Perspectives On Group Representation, Deborah L. Rhode Jan 1992

Perspectives On Group Representation, Deborah L. Rhode

Kentucky Law Journal

No abstract provided.

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Law And Conformity, Ethics And Conflict: The Trouble With Law-Based Conceptions Of Ethics, Steven R. Salbu Jan 1992

Law And Conformity, Ethics And Conflict: The Trouble With Law-Based Conceptions Of Ethics, Steven R. Salbu

Indiana Law Journal

No abstract provided.

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Lawyers' Papers: Confidentiality Versus The Claims Of History, Bonnie Hobbs Jan 1992

Lawyers' Papers: Confidentiality Versus The Claims Of History, Bonnie Hobbs

Washington and Lee Law Review

No abstract provided.

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