Legal Ethics and Professional Responsibility Commons^™

Joseph In Lawyerland, Robin West

Georgetown Law Faculty Publications and Other Works

As Alice wanders through Wonderland in an unreal space in real time-a dream-learning backward truths from illogical creatures who speak in paradoxes, so Joseph figuratively wanders through lawyerland in an unreal time, but in a very real space-Manhattan-conversing with his thinly fictionalized friends, all of whom happen to be lawyers, about their lives and practices in law. As Joseph's lawyers talk with him about the law they practice, they uncover, through White Rabbit and Cheshire Cat-like illogical precision, a chaotic, unkempt, unconscionably reckless, often cruel, and sometimes pathological legal wilderness. The legal terrain these lawyers occupy is not an inviting …

Ethics Beyond The Horizon: Why Regulate The Global Practice Of Law?, Christopher J. Whelan

Vanderbilt Journal of Transnational Law

This Article explores whether global self-regulation of the legal profession is desirable. The Author explains that as global law practice has grown over the past decade, so has the desire to formulate global rules of professional responsibility. The Article focuses on large law firms offering transnational legal services in many countries. The Author addresses whether and for whom the aspiration to deliver core values at the global level is desirable. He does so by comparing the rhetoric of global self-regulation with the reality of global law practice. In reality, the global law practice has undermined the power of nation states …

The Lawyerland Essays: Introduction, Pierre Schlag

Publications

No abstract provided.

Jurisprudence Noire, Pierre Schlag

Publications

No abstract provided.

Law, Ethics, And Religion In The Public Square: Principles Of Restraint And Withdrawal, Samuel J. Levine

Scholarly Works

In recent years, scholars have begun to recognize and discuss the profound questions that arise in attempting to determine the place of religion in the law and the legal profession. This discussion has emerged on at least two separate yet related levels. On one level, scholars have debated the place of religion in various segments of the public sphere, including law and politics. On a second level, lawyers have expressed the aim to place their professional values and obligations in the context of their overriding religious obligations. This article explores, from both an ethical and jurisprudential perspective, the question of …

Princes Of Darkness And Angels Of Light: The Soul Of The American Lawyer, David R. Barnhizer

Law Faculty Articles and Essays

The increasing belief among many lawyers that life is comprised of "fear and greed and money" has altered the legal profession and helped make lawyers into one of the most feared and powerful groups in American society - and one of the most scorned. In the midst of the widespread contempt American society is showing lawyers, this article seeks to explain the special role the legal profession serves in our complex democracy. At the same time it condemns attitudes such as those reflected in Fritts' statement. The belief that life is driven by fear, greed, and money has created a …

Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin

Scholarly Works

No abstract provided.

Clients Don't Take Sabbaticals: The Indispensable In-House Clinic And The Teaching Of Empathy, Philip Genty

Faculty Scholarship

After almost 12 years in law teaching, I approached my first sabbatical with a single goal: to free myself from cases. At that time my clinic clients were primarily parents who were involved in family court proceedings in which they were trying to preserve their parental rights and get their children out of the foster care system. Such cases are emotionally draining for both the client and the lawyer. Thus, while I welcomed the chance to have a semester off from teaching and attending faculty and committee meetings, I felt that I needed a break from the demands of lawyering …

Law Day 2050: Post-Professinalism, Moral Leadership, And The Law-As-Business Paradigm Symposium, Russell G. Pearce

Faculty Scholarship

Inspired by Ted Schneyer's future history of professional discipline' and Bob Gordon's descrption of "the hazy aspirational world" of the "Law Day Sermon,' I offer a vision of the legal profession 'a next fifty years in the form of a Law Day speech from the year 2050. Looking back on developments in the first half of the twenty-first century, this piece explores the implications of the analysis proposed in my earlier article, The Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve the Conduct and Reputation of the Bar. The speech presents a projection of the moral leadership the bar …

Lawyers, Accountants, And The Battle To Own Professional Services, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

Competition between lawyers and accountants is not a new concept. At various times during the past century, these two professions have clashed over the scope and definition of their respective services. Lawyers traditionally have relied upon a professional monopoly to provide “legal” services as a device to exclude nonlawyers from the practice of law. Supported by statutes in many jurisdictions making the unauthorized practice of law a criminal offense and ethics rules prohibiting lawyers from assisting in the unauthorized practice of law, lawyers have always been able to identify some inner sanctum of professional services that only they could handle. …

The Professional And The Liar, Richard H. Underwood

Law Faculty Scholarly Articles

Many individuals in society think that all lawyers are liars. Some think lawyers are allowed to lie. Regrettably, some American lawyers apparently think so too. In the United States there has been, and continues to be, a troubling lack of professional consensus when it comes to litigating a case. Indeed, lawyers who are neither corrupt nor insensitive have been accused of arguing that the elicitation of false testimony, and the use of it, is a professional responsibility. Fairness also calls for some acknowledgment that even the most cunning, zealous, and successful of trial lawyers have agonized over such moral choices. …

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 …

The Zealous Advocacy Of Justice In A Less Than Ideal Legal World, Robin West

Georgetown Law Faculty Publications and Other Works

In The Practice of Justice, William Simon addresses a widely recognized dilemma -- the moral degradation of the legal profession that seems to be the unpleasant by-product of an adversarial system of resolving disputes -- with a bold claim: Lawyers involved in either the representation of private rights or the public interest should be zealous advocates of justice, rather than their clients' interests. If lawyers were to do what this reorientation of their basic identity would dictate -- that is, if lawyers were to zealously pursue justice according to law, rather than zealously pursue through all marginally lawful means whatever …

The Standard Of Care In Legal Malpractice: Do The Model Rules Of Professional Conduct Define It?, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

This Article will review existing case law and commentary, and propose a new formula for application of rules of professional conduct in determining the standard of care to which attorneys should be held in malpractice cases. The authors will argue in favor of establishing a position that state rules of professional conduct create certain specific standards of lawyer behavior that constitute a minimum standard of conduct and a minimum standard of care for every individual attorney practicing in each jurisdiction.

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.

Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine

Scholarly Works

In recent years, legal practitioners and scholars alike have identified a growing crisis in the legal profession. Increasingly, lawyers feel dissatisfied with the roles they are expected to play and the conduct demanded of them. In particular, many lawyers see a widening gap between their personal values and those employed in legal practice. In response to the dichotomy between personal and professional values, some lawyers attempt to develop a corresponding dichotomy in their personalities, separating the “professional self” from the “personal self.” Such a response, however, may lead to a kind of “ethical schizophrenia,” a condition in which an individual …

Professing Professionals: Christian Pilots On The River Of Law, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

Legal Ethics And The Struggle Of Native Americans, Harry Lee Anstead

St. Thomas Law Review

No abstract provided.

Reap What You Sow, Gordon J. Beggs

Law Faculty Articles and Essays

Unfortunately, with the adoption and revision of formal ethics codes, moral teaching has virtually disappeared from American legal ethics. Law professors, generally, do not consider it their responsibility to teach morality, and our profession today lacks a common moral standard. The Judeo-Christian principles expressed in Proverbs, however, provide a timely challenge to lawyers by advocating values that include justice, purity, mercy, honesty and civility.

Attorneys: The Americans With Disabilities Act Should Not Impair The Regulation Of The Legal Profession Where Mental Health Is An Issue, Kelly R. Becton

Oklahoma Law Review

No abstract provided.

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.

Commentary: Policy Implications, Geoffrey C. Hazard Jr.

Journal of Law and Health

It is clear to me that members of the legal profession are obliged to take these findings seriously. I shall suggest below a few reservations about the analysis. Nevertheless, the important findings are established by empirical evidence so powerful that they can be ignored only through a wish not to believe. If the findings are accepted as a description of reality, the challenge is to work out sensible courses of action in response. The challenge is formidable.

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 …

Practiced Moral Activism, Paul R. Tremblay

St. Thomas Law Review

Readers of legal ethics literature frequently encounter the following question: "Can a good lawyer be a good person?" This Article addresses a variation of that question: "Can a good lawyer be a good person if that person is not a good philosopher?" This new question confronts a perplexing realization about most moral exploration of lawyering-that it takes place amidst a language and an intellectual world with which most practicing lawyers are not familiar or conversant. Of course, the philosophers inhabiting that world and using that language aim to affect the lives of working attorneys in some concrete way,but reading the …

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 …

Lawyer Distress: Alcohol-Related Problems And Other Psychological Concerns Among A Sample Of Practicing Lawyers, Connie J.A. Beck, Bruce D. Sales, G. Andrew H. Benjamin

Journal of Law and Health

The findings of the research reported in this study, in conjunction with earlier studies, suggest that the professional and the personal well-being of lawyers is in serious jeopardy. Lawyers are working more, reducing vacation time, spending less time with family members, are prone to alcohol abuse, and face high levels of psychological distress. The combination of elements suggests an impending crisis for lawyers' family lives. Although the data are not sufficient to suggest that psychological distress has detrimentally affected the lawyers' ability to practice competently, the warning signs are present. Further empirical study may well reveal that lawyer distress is …

Is There A Solution To The Problem Of Lawyer Stress - The Law School Perspective, James J.A. Alfini, Joseph N. Van Vooren

Journal of Law and Health

What is the result of all this stress? As previously noted in the Beck, Sales, and Benjamin study, more and more attorneys are turning to alcohol as a "stress reliever." Also, a higher percentage of lawyers are dissatisfied with their personal relationships than the "normal population." A poll conducted for the New York Law Journal by a Manhattan polling firm found that of the lawyers polled who had been divorced, fifty-six percent asserted that their careers in the law had contributed to the breakup of their marriages. Of great concern is the fact that an increasing number of attorneys are …

Greetings, Daniel J. Morrissey

St. Thomas Law Review

No abstract provided.

Remarks: Professionalism And The Courts, Ursula Ungaro-Benages

St. Thomas Law Review

No abstract provided.

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

St. Thomas Law Review

No abstract provided.