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Legal Ethics and Professional Responsibility Commons™
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Articles 631 - 660 of 697
Full-Text Articles in Legal Ethics and Professional Responsibility
The Profession As A Moral Teacher, Thomas L. Shaffer
The Profession As A Moral Teacher, Thomas L. Shaffer
Journal Articles
Professional ethics is commonly understood as the standards listed in codes. But ethical codes that are removed from one’s character and the practice of the profession are corrupting. Rather, ethics are properly taught through the profession as a moral teacher. This Article argues that professional stories that instruct on real life experiences and one’s character better educate lawyers and doctors on ethical standards. Sound ethical codes in the profession are those which depend on character.
The Sale Of A Law Practice: The Model Rules Of Professional Conduct Point In A New Direction, Stephen E. Kalish
The Sale Of A Law Practice: The Model Rules Of Professional Conduct Point In A New Direction, Stephen E. Kalish
University of Miami Law Review
No abstract provided.
Ethics: Professionalism, Craft, And Failure, James R. Elkins
Ethics: Professionalism, Craft, And Failure, James R. Elkins
Kentucky Law Journal
No abstract provided.
Taking And Pursuing A Case: Some Observations Regarding "Legal Ethics" And Attorney Accountability, Richard H. Underwood
Taking And Pursuing A Case: Some Observations Regarding "Legal Ethics" And Attorney Accountability, Richard H. Underwood
Law Faculty Scholarly Articles
This Article addresses some of the potential liabilities that may arise from an attorney's decision to decline, refer, undertake, continue or discontinue the prosecution of a civil action. This Article suggests that counsel's obligations to his or her client, adversary, and fellow members of the bar, as well as to the judiciary and the justice system, can be balanced without subjecting attorneys to liability. This balance can be attained, however, only if potential problems are spotted and minimal precautions are taken.
On Being Pleasant: Ethics In Estate Planning, Thomas L. Shaffer
On Being Pleasant: Ethics In Estate Planning, Thomas L. Shaffer
Journal Articles
The play “Harvey” teaches a valuable lesson on legal ethics through the character Elwood. Elwood teaches how being pleasant does more for a person than being smart. Legal ethics in estate planning is examined through three points of view: the reality of professional life in estate planning, the reality of client life in estate planning, and the reality of life in families that are affected by estate planning. In discussing each point of view, the Author uses the actions of Elwood to demonstrate and argue that professional ethics is not just a system for staying out of trouble, but is …
Confidentiality And Conflicts Of Interest: New Guidelines For Virginia Attorneys Under The Revised Virginia Code Of Professional Responsibility
Washington and Lee Law Review
No abstract provided.
The Lawyer's Allegiance: Priorities Regarding Confidentiality, R. W. Nahstoll
The Lawyer's Allegiance: Priorities Regarding Confidentiality, R. W. Nahstoll
Washington and Lee Law Review
No abstract provided.
Attorney-Client Privilege: A Guide For Corporations, Pamela Taylor
Attorney-Client Privilege: A Guide For Corporations, Pamela Taylor
University of Arkansas at Little Rock Law Review
No abstract provided.
Ethical Problems For Lawyers Upon Trust Terminations: Conflicts Of Interest, Joel C. Dobris
Ethical Problems For Lawyers Upon Trust Terminations: Conflicts Of Interest, Joel C. Dobris
University of Miami Law Review
Trust terminations pose ethical problems for lawyers. Beneficiaries often view the trustee's lawyer as "their" lawyer. The Code of Professional Responsibility and the recently adopted Model Rules of Professional Conduct provide little guidance in resolving the conflicts of interest that arise in trust terminations
Confidentiality: The Future Crime--Contraband Dilemmas, Deborah Abramovsky Touro College School Of Law
Confidentiality: The Future Crime--Contraband Dilemmas, Deborah Abramovsky Touro College School Of Law
West Virginia Law Review
No abstract provided.
Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood
Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood
Law Faculty Scholarly Articles
Perhaps no procedural innovation has generated more controversy than the class action. As Professor Arthur Miller has observed, debate over “class action problem[s]” has raged at several different levels. For example, opponents and proponents of class actions disagree on whether such actions produce socially desirable results in an economical fashion and whether an already overburdened judiciary can handle the additional supervisory demands of the class action. Recently, a somewhat more ideological dialogue has addressed the merit of publicly funded class actions. Such questions arise only indirectly in the context of class action litigation. However, a certain hostility toward class actions …
Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood
Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood
Kentucky Law Journal
No abstract provided.
Attorney Accountability In Kentucky--Liability To Clients And Third Parties, Gerald P. Johnston
Attorney Accountability In Kentucky--Liability To Clients And Third Parties, Gerald P. Johnston
Kentucky Law Journal
No abstract provided.
Solicitation And The Uncertain Status Of The Code Of Professional Responsibility In Kentucky, Eugene R. Gaetke
Solicitation And The Uncertain Status Of The Code Of Professional Responsibility In Kentucky, Eugene R. Gaetke
Kentucky Law Journal
No abstract provided.
Christian Lawyer Stories And American Legal Ethics, Thomas L. Shaffer
Christian Lawyer Stories And American Legal Ethics, Thomas L. Shaffer
Journal Articles
My view of legal ethics rests on, or at least involves, a couple of biases. For one thing, I think of legal ethics as an ethical subject rather than as a legal subject. When it comes to "professional responsibility" I am more interested in morals than I am in law. In this (and in very little else), I am in agreement with Dean Monroe Freedman, who said, in a lecture dedicated to the memory of Pope John XXIII, that the question which interests him is whether a good person can be a lawyer. For Freedman, I think, and for me, …
David Hoffman's Law School Lectures, 1822-1833, Thomas L. Shaffer
David Hoffman's Law School Lectures, 1822-1833, Thomas L. Shaffer
Journal Articles
The Baltimore lawyer and teacher David Hoffman (1784-1854), the father of American legal ethics, was also the first of the systematic American legal educators. He held one of the first appointments in this country as a university law professor (at the University of Maryland, 1814-43) and wrote the first American outline of the study of law. Joseph Story, in a contemporary review of the 1817 Course, called Hoffman's work "an honour to our country[,] . . . by far the most perfect system for the study of the law that has ever been offered to the public. " Chancellor James …
Moral Theology In Legal Ethics, Thomas L. Shaffer
Moral Theology In Legal Ethics, Thomas L. Shaffer
Journal Articles
I am talking at a Lutheran university and therefore should probably have some theses, some propositions that I could nail to the chapel door. But I'm afraid I have failed Martin Luther: I have only one thesis and it is not ready for a nail. It is still as much a question as a thesis. My question is whether there is any point in including moral theology in the study of legal ethics in the university. Let me be candid: I teach the typical required course in "professional responsibility," and I do a lot of writing on ethics, and I …
A Gathering Of Legal Scholars To Discuss The Professional Responsibility And The Model Rules Of Professional Conduct: Panel Discussion
University of Miami Law Review
No abstract provided.
How Far May A Lawyer Go In Assisting A Client In Legally Wrongful Conduct?, Geoffrey C. Hazard Jr.
How Far May A Lawyer Go In Assisting A Client In Legally Wrongful Conduct?, Geoffrey C. Hazard Jr.
University of Miami Law Review
Professor Hazard discusses the dimensions of the lawyer conduct prohibited by DR 7-102(A)(7) of the Model Code of Professional Responsibility, which provides that a lawyer shall not "[c]ounsel or assist his client in conduct that the lawyer knows to be illegal or fraudulent." After reviewing relevant principles of agency, tort, and criminal law, Professor Hazard concludes by asking whether it is this positive law outside of the Code that defines the scope of conduct prohibited by DR 7-102(A)(7), or whether the Code contains its own standard that, because of the nature of the lawyer-client relationship, permits lawyers to engage …
Are The Model Rules Unconstitutional?, Monroe H. Freedman
Are The Model Rules Unconstitutional?, Monroe H. Freedman
University of Miami Law Review
In this article, Professor Freedman condemns the provisions of the proposed Model Rules of Professional Conduct that would require a lawyer to reveal his client's perjury to a court. Viewing these provisions as an assault on the lawyer-client privilege and the adversary system, which are protected by the fifth and sixth amendments to the United States Constitution, Professor Freedman offers the American Lawyer's Code of Conduct, for which he served as the Reporter, as an alternative. Professor Freedman views the American Lawyer's Code as the preferable alternative to the present ABA Model Code of Professional Responsibility because the American Lawyer's …
The Function Of A Code Of Legal Ethics, L. Ray Patterson
The Function Of A Code Of Legal Ethics, L. Ray Patterson
University of Miami Law Review
The traditional view that the function of a code of legal ethics is to define the duties of lawyers and the rights of clients is based on the perception of the lawyer-client relationship as one of simple agency in which the lawyer has the utmost duty of loyalty to the client. The author suggests, however, that this perception is a fallacy that, by overlooking the fact that clients also have duties and lawyers also have rights, can result in antilegal rules of ethics. This result can be escaped, the author proposes, by integrating rules of ethics and rules of positive …
A Mandatory Pro Bono Service Standard-Its Time Has Come, Chesterfield H. Smith
A Mandatory Pro Bono Service Standard-Its Time Has Come, Chesterfield H. Smith
University of Miami Law Review
Despite the efforts of ardent advocates such as Chesterfield Smith, former president of the American Bar Association, the legal profession has continually failed to adopt a rule requiring mandatory pro bono services. In this article, Mr. Smith proposes a definitive, yet flexible, pro bono rule to govern lawyers' conduct. The author explains that the flexible nature of such a rule will accommodate the individual circumstances of members of the bar while serving the needs of society.
The Code Of Professional Responsibility, The Kutak Rules, And The Trial Lawyer's Code: Surprisingly, Three Peas In A Pod, W. William Hodes
The Code Of Professional Responsibility, The Kutak Rules, And The Trial Lawyer's Code: Surprisingly, Three Peas In A Pod, W. William Hodes
University of Miami Law Review
No abstract provided.
Judicial Control Over The Bar Versus Legislative Regulation Of Governmental Ethics: The Pennsylvania Approach And A Proposed Alternative, Stephen J. Shapiro
Judicial Control Over The Bar Versus Legislative Regulation Of Governmental Ethics: The Pennsylvania Approach And A Proposed Alternative, Stephen J. Shapiro
Duquesne Law Review
Pennsylvania courts, led by the Supreme Court of Pennsylvania, recently have declared two sections of the Pennsylvania Ethics Act unconstitutional as applied to judges and attorneys. Citing the exclusive power of the supreme court to regulate the practice of law in Pennsylvania, the courts have struck down the Act's postemployment restriction and financial disclosure requirement. The author critically examines the Pennsylvania decisions in this area and concludes that the courts' reasoning is contrary to settled principles of separation of powers. He suggests an alternative approach for determining the constitutionality of ethics legislation that regulates the conduct of the judiciary and …
Legal Ethics: Ideas In Conflict - Editor's Preface, Doris Del Tosto
Legal Ethics: Ideas In Conflict - Editor's Preface, Doris Del Tosto
Villanova Law Review (1956 - )
No abstract provided.
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
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 …
Judge Frankel And The Adversary System, William T. Pizzi
Judge Frankel And The Adversary System, William T. Pizzi
Publications
No abstract provided.
Student Representation Of Indigent Defendants And The Sixth Amendment: On A Collision Course, Robert M. Hardaway
Student Representation Of Indigent Defendants And The Sixth Amendment: On A Collision Course, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
This article will review the parallel patterns of development of clinical education and the sixth amendment, highlighting areas in which the practices of the former either conflict, or contain the potential for conflict with the latter. An analysis will be made of the present legal status of law student representation of indigent criminal defendants, with reference primarily to constitutional and sixth amendment considerations, but also to such related matters as the confidentiality of student-client communications, law student professional responsibility, and the applicability to students of state bar disciplinary rules. Finally, guidelines will be proposed regarding the proper scope of student …
Outside The Courtroom: Conflicts Of Interestsin Nonlitigious Situations, Carolyn R. Saffold-Heyward
Outside The Courtroom: Conflicts Of Interestsin Nonlitigious Situations, Carolyn R. Saffold-Heyward
Washington and Lee Law Review
No abstract provided.