Legal Ethics and Professional Responsibility Commons^™

The Free Speech-Fair Trial Controversy: Dr 7-107, W. Jeffery Edwards

Washington and Lee Law Review

No abstract provided.

The Role Of The Law School In The Teaching Of Legal Ethics And Professional Responsibility, Warren E. Burger

Cleveland State Law Review

My thesis is simple and straightforward. Every law school has a profound duty-and a unique opportunity-to inculcate principles of professional ethics and standards in its students. This duty should permeate the entire educational experience beginning with the first hour of the first day in law school.

Disqualification Of Counsel: The Westinghouse Litigation, Anthony D'Amato

Faculty Working Papers

The motion to disqualify counsel is becoming increasingly important in pre-trial strategy. Discusses one case arising out of Westinghouse Electric Corporation's alleged breach of long­term uranium supply contracts, in which a disqualification motion was sustained against Westinghouse's counsel, Kirkland & Ellis.

Disqualification Of An Attorney Representing Multiple Witnesses Before A Grand Jury: Legal Ethics And The Stonewall Defense, Nancy J. Moore

Faculty Scholarship

Prompted by the increasing recognition that certain economic and political conduct (such as consumer fraud, environmental pollution, and questionable campaign financing practices) has a profound effect on society, lawmakers have recently labelled as criminal "a whole range of political and business activities which, until recently, had been a more or less accepted part of American life."I Armed with both new statutes and a new aggressiveness in the enforcement of pre-existing statutes, 2 federal and state prosecutors have during the past ten years compiled an impressive record in the investigation and prosecution of white collar crime, organized crime and official corruption.3 …

The Lawyer And The Terrorist: Another Ethical Dilemma, F. Thomas Schornhorst

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium

Legal Ethics And The Prosecuting Attorney, John O. Kizer

West Virginia Law Review

No abstract provided.

Indiana City Attorneys: A Conflict Of Interests, Christina Mckee

Indiana Law Journal

No abstract provided.

Judicial Ethics--Recusal Of Judges--The Need For Reform, Don R. Sensabaugh Jr.

West Virginia Law Review

No abstract provided.

Professional Responsibility And Self-Regulation Of The Securities Lawyer, James H. Cheek, Iii

Washington and Lee Law Review

No abstract provided.

Legislative Ethics, 1973., James R. Nowlin

St. Mary's Law Journal

Approaching the 63d Regular Session of the Texas State Legislature, the need to establish new standards of ethical conduct for the attorney-legislators had increased substantially in public support. The “Sharpstown” Bank scandal and the recent indictments of several present and former state legislators, on numerous counts of theft of state funds, had severely eroded public confidence in the moral turpitude of state lawmakers. This study examines the Texas state legislative process and the conflicting interests that arise in the task of drafting and passing bills in the House of Representatives and the Senate. There were several attempts, prior to 1973, …

Legal Ethics - Drafter Of Will Who Serves As Executor, Bert Michael Whorton

West Virginia Law Review

No abstract provided.

Procedures For Disciplining Attorneys In Virginia

Washington and Lee Law Review

No abstract provided.

Contingent Fee: Champerty Or Champion, Arthur L. Kraut

Cleveland State Law Review

In 1952, an article appeared in Reader's Digest magazine castigating both the contingent fee system of financing litigation and the trial lawyers of the United States. Since that article appeared, the client public has been barraged with a stream of propaganda aimed at barring the use of the contingent fee as a means of retaining a lawyer.

Legal Malpractice: Improper Representation Of Conflicting Interests, Marshall J. Nachbar

Cleveland State Law Review

When an attorney, for whatever reason-sloth, over zealous conduct, or personal greed-represents a client without being completely loyal to the client's interests there are several things that may occur. The attorney may be subject to disciplinary or disbarment proceedings. He may be disqualified from further representing his client. If the attorney's actions have resulted in damage to his client the attorney may find himself the defendant in a malpractice action. If the cause of the damage is alleged to be the result of an attorney representing dual interests or improperly representing adverse interests then the cause of action will be …

Lawyers' Malpractice In Litigation, Nathaniel Rothstein

Cleveland State Law Review

Until recently, when we spoke of malpractice we invariably meant medical malpractice. Less than 20 years ago only a handful of lawyers carried professional liability (malpractice) insurance. This is no longer true. Attorneys who practice in large metropolitan areas are now keenly aware of the importance and necessity of having this insurance coverage; and in no segment of the legal profession is this more urgent than amongst trial lawyers-for much like surgeons in the medical field, trial lawyers are the most vulnerable in attorney-malpractice lawsuits.

Minimum Fee Schedules: Guides Or Strait Jackets, Robert L. Simmons, Gary N. Holthus

Cleveland State Law Review

Several states have minimum fee schedules that set the least amount of compensation a lawyer should charge for a specific legal service. There has been much confusion in bar associations across the country as to the application of minimum fee schedules and the consequences of non-compliance. The American Bar Association has published both formal and informal opinions in an attempt to clearly define the functions of the schedules. In view of the opinions, interviews and statistical studies on the subject of minimum fee schedules, it is apparent that they are too rigid to cope with the practical needs of the …

Commencement Of Statute Of Limitations For Malpractice Of An Attorney, James Gordon Joseph

Cleveland State Law Review

In almost all jurisdictions the statute of limitations for the malpractice of an attorney is between one and three years. Although some argue that this is too short a period, the main problem is not in the statute but in its application. Difficulty arises when a court must decide at what point the statute of limitations begins to run. To appreciate a court's problem, the nature and reasons behind statutes of limitations must be understood

Education In Professional Responsibility, David B. Goshien

Cleveland State Law Review

The problems, indeed the inadequacy of present legal education in ethics and professional responsibility are well known. The traditional methods of preparing law students for the avoidance of ethical and even criminal complaints against them in their future practice of law have been, in the main, divisible into two general categories: the "pervasive" method, through which understanding is supposed to be gained by students as if by osmosis through all courses and general law school contract, and the "specific" method which offers a course in the subject. Both methods are commonly used but neither seems to have achieved an acceptable …

Pragmatic Approach To Problems Of Group Law Practice, Herschel Kriger

Cleveland State Law Review

United Mine Workers of America, District 12 v. Illinois State Bar Association, is one of the latest in a line of holdings which have demonstrated that areas heretofore considered by the Bar as sacrosanct unto itself or the state courts are not immune from re-evaluation. That decision, rendered on December 5, 1967, was not unexpected in the light of the pronouncements of the Supreme Court in NAACP v. Button, and Railroad Trainmen v. Virginia Bar Association, and the process is likely to continue.

Professional Responsibility Of The Criminal Defense Lawyer: The Three Hardest Questions, Monroe H. Freedman

Hofstra Law Faculty Scholarship

In almost any area of legal counseling and advocacy, the lawyer may be faced with the dilemma of either betraying the confidential communications of his client or participating to some ex-tent in the purposeful deception of the court. This problem is no-where more acute than in the practice of criminal law, particularly in the representation of the indigent accused. The purpose of this article is to analyze and attempt to resolve three of the most difficult issues in this general area:

1. Is it proper to cross-examine for the purpose of discrediting the reliability or credibility of an adverse witness …

Need For Re-Evaluation Of Canons Of Ethics, Lewis F. Powell Jr.

Powell Speeches

No abstract provided.

Modern Mettle: The Misconstrued Morality, William B. Martin

Kentucky Law Journal

No abstract provided.

The Ethical Problem In The Representation Of Union Members By Union Attorneys, Herbert Shelton Sanger Jr.

West Virginia Law Review

No abstract provided.

Legal Ethics--Attorneys--Disbarment While Serving As Judge, James William Sarver

West Virginia Law Review

No abstract provided.

Attorney And Client--Handling Of Client's Money Or Other Trust Property--Commingling Or Use By Attorney Cause For Suspension, F. L. D. Jr.

West Virginia Law Review

No abstract provided.

A Study In Perfidy, Allan D. Vestal

Indiana Law Journal

No abstract provided.

Trumbull: Materials On The Lawyer's Professional Responsibility, Glenn R. Winters

Michigan Law Review

A Review of Materials on the Lawyer's Professional Responsibility. By William M. Trumbull.

Attorney And Client--Disbarment Of Attorney For Invoking Fifth Amendment-Denial Of Due Process, M. J. P.

West Virginia Law Review

No abstract provided.

Necessity As A Justification: A Critique Of Perka, Donald Galloway

Dalhousie Law Journal

In his characteristically trenchant and influential investigation, "A Plea for Excuses",' J. L. Austin reminded us that we can and do use different strategies of defending a person when it is claimed that he has done wrong. He drew attention to two distinct tactics: One way of going about this (defending a person) is to admit that he, X, did that very thing, A, but to argue that it was a good thing, or the right or sensible thing, or a permissible thing to do . . . To take this line is to justify the action, to give reasons …

Recent Cases, Law Review Staff

Vanderbilt Law Review

CRIMINAL PROCEDURE--FACIAL EXPRESSIONS AND GESTICULATIONS OF TRIAL JUDGE--PREJUDICIAL EFFECT ON JURY

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EMPLOYMENT SECURITY ACT--PERSONS COUNTED TO DETERMINE WHETHER AN EMPLOYING UNIT HAS REQUISITE NUMBER OF EMPLOYEES TO CONSTITUTE AN "EMPLOYER"--STUDENTS WORKING FOR SCHOOL TO PAY TUITION

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FEDERAL JURISDICTION--JURISDICTIONAL AMOUNT--INJUNCTION SUITS

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LEGAL ETHICS--SOLICITATION AND FEE SPLITTING--ATTORNEY CONTRACTING WITH LABOR UNION TO REPRESENT UNION MEMBERS FOR CONTIGENT FEE

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NEGLIGENCE--LANDOWNER'S DUTY OF CARE--DUTY OWED TO FIREMAN

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NEGLIGENCE--STANDARD OF CARE--ASSURED-CLEAR-DISTANCE-AHEAD RULE

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PERSONAL PROPERTY--TENANCY BY THE ENTIRETY--BANK ACCOUNTS

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PLEADING--GENERAL ISSUE--SCOPE IN TENNESSEE

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TORTS--CHARITABLE INSTITUTIONS--TORT LIABILITY OF CHARITABLE INSTITUTIONS UNDER THE DOCTRINE OF RESPONDEAT SUPERIOR