Legal Ethics and Professional Responsibility Commons^™

The Bystander During The Holocaust, Robert A. Goldberg

Utah Law Review

The German people today have embraced their sense of collective responsibility. They have accepted the seamless case of genocide and its implications are part of the national soul. They have come to full reckoning, determined to remember a difficult past and not repeat it. The Austrians, the Dutch, and the Poles have yet to reach the point of confession or even an awareness of responsibility. Perhaps the most remarkable symbol of national responsibility is the grassroots Stolperstein or Stumble Stone project, which began in Germany in 1992 with the goal to remember the victims of the Holocaust individually. Cobblestone-size concrete …

You Snooze, You Lose, And Your Client Gets A Retrial: United States V. Ragin And Ineffective Assistance Of Counsel In Sleeping Lawyer Cases, Kimberly Sachs

Villanova Law Review (1956 - )

No abstract provided.

Yikes! Was I Wrong? A Second Look At The Viability Of Monitoring Capital Post-Conviction Counsel, Celestine Richards Mcconville

Maine Law Review

When Albert Holland’s capital post-conviction counsel filed his state post-conviction motion in September 2002, twelve days remained in the one-year statute of limitations for filing a federal habeas petition. While Holland might not have known exactly how much time was left in the federal limitations period, he knew he wanted to preserve his right to federal review, that the limitations period was tolled during non-discretionary state post-conviction review, and that he would be under the gun to get the federal petition filed once the Florida Supreme Court issued its decisions. And he made no ones about his desire to file …

Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Human Rights, Human Dignity, And The Concept Of Honour: A German Perspective, Eric Hilgendorf

Cardozo Journal of International and Comparative Law

The overuse of terms like human rights, human dignity, and honour in European legal discourse risks diminishing their normative impact. Rooted in Enlightenment ideals and reactions to historical injustices, these concepts are central to German law, balancing individual rights with freedoms like expression. However, their broad application, especially in criminal law, necessitates a more precise definition to preserve their legal potency.

Corporate Privilege And An Individual's Right To Defend, Susan B. Heyman

Law Faculty Scholarship

No abstract provided.

Philosophical Legal Ethics: An Affectionate History, David Luban, W. Bradley Wendel

Georgetown Law Faculty Publications and Other Works

The modern subject of theoretical legal ethics began in the 1970s. This brief history distinguishes two waves of theoretical writing on legal ethics. The “First Wave” connects the subject to moral philosophy and focuses on conflicts between ordinary morality and lawyers’ role morality, while the “Second Wave” focuses instead on the role legal representation plays in maintaining and fostering a pluralist democracy. We trace the emergence of the First Wave to the larger social movements of the 1960s and 1970s; in the conclusion, we speculate about possible directions for a Third Wave of theoretical legal ethics, based in behavioral ethics, …

Philosophical Legal Ethics: An Affectionate History, David Luban, W. Bradley Wendel

Cornell Law Faculty Publications

The modern subject of theoretical legal ethics began in the 1970s. This brief history distinguishes two waves of theoretical writing on legal ethics. The "First Wave" connects the subject to moral philosophy and focuses on conflicts between ordinary morality and lawyers' role morality, while the "Second Wave" focuses instead on the role legal representation plays in maintaining and fostering a pluralist democracy. We trace the emergence of the First Wave to the larger social movements of the 1960s and 1970s; in the Conclusion, we speculate about possible directions for a Third Wave of theoretical legal ethics, based in behavioral ethics, …

Lawyers Going Bare And Clients Going Blind, Leslie C. Levin

Florida Law Review

Many U.S. lawyers “go bare” and represent clients without maintaining malpractice insurance. Efforts to require these lawyers to carry lawyer professional liability (LPL) insurance have mostly foundered, due to bar opposition and concerns about the cost of insurance. As a compromise between protecting the public and protecting lawyers’ interests, many states now require lawyers to disclose whether they carry LPL insurance to clients, regulators, or both. This Article draws on survey data from Arizona, Connecticut and New Mexico lawyers that shed light on which lawyers go bare and the reasons why they do so. The Article then looks at states’ …

Coming To Grips With The Ethical Challenges For Capital Post-Conviction Representation Posed By Martinez V. Ryan, John H. Blume, W. Bradley Wendel

Florida Law Review

In its groundbreaking decision in Martinez v. Ryan, 556 U.S. 1 (2012), the Supreme Court of the United States held that inadequate assistance of post-conviction counsel could be sufficient “cause” to excuse a procedural default thus allowing a federal court in habeas corpus proceedings to reach the merits of an otherwise barred claim that an inmate was deprived of his Sixth Amendment right to the effective assistance of counsel at trial. The upshot of Martinez is that, if state postconviction counsel unreasonably (and prejudicially) fails to raise a viable claim of ineffective assistance of trial counsel, then there is …

Lawyer ≠ Luddite, Jason Tubinis, Khelani Clay, Jim Henneberger, Zanada Joyner, Shannon Roddy

Presentations

Being a competent attorney means being a competent technologist. ABA Model Rule 1.1 (Competence) requires all lawyers to stay abreast of technology even if they still use a Dictaphone and typewriter and think “the cloud” refers to the fluffy white stuff in the sky. It can be malpractice to misuse or misunderstand technology, and this misuse can take many forms. Lack of familiarity with technology can lead to improper production of confidential information, delays in litigation, wasting time and client funds, ending up on Above the Law (and not in a good way), and more.

Legal technology courses are becoming …

Public Resource Ownership And Community Engagement In A Modern Energy Landscape, Samantha Hepburn

Pace Environmental Law Review

The onshore resource conflicts that have erupted in the Eastern states of Australia highlight the deep need for axiomatic structural change in public resource ownership frameworks. Much of the conflict that has arisen stems from the failure of the state, as owner, to give proper regard to the social and environmental concerns relevant to the expansion of onshore resource development. The underlying rationale for vesting resources in the state is to ensure they are managed for the benefit of the community as a whole. The implied sumption is that public benefit obligations are met through state administration because this is …

Reconceptualizing The Whistleblower's Dilemma, Miriam Baer

Faculty Scholarship

No abstract provided.

Video: Representing Charities: Profit V. Non Profit, Adam Goldberg

NSU Law Seminar Series

his particular seminar is designed to educate attorneys what to request prior to becoming a Board Member including but not limited to:

• Is there a Board Orientation?
• What is the Board's Liability?
• How to read IRS Form 990 and Financial Statements
• Legal Issues facing Charitable Organizations
• Best Practices

Learning Outcomes include:

1. Difference between Tax Exempt and Not-For-Profit & Calendar v. Fiscal Year
2. Serving as a Board Member
3. Representing Charitable Organizations/Tax Exempt Organizations as Legal Counsel
4. Ethical Considerations for Exempt Organizations Practitioners

Chief Justice William Howard Taft's Conception Of Judicial Integrity: The Legal History Of Tumey V. Ohio, Joshua Kastenberg

Cleveland State Law Review

In 1927, Chief Justice William Howard Taft led a unanimous Court to determine that, at minimum, the right to an impartial and independent judiciary meant that the judge had to lack a personal interest in the outcome of the trial. While the decision, Tumey v. Ohio, was based on a judge’s pecuniary interest, it was also part of Taft’s efforts to ensure that the nation’s judges, from the municipal courts to the Supreme Court had the public’s confidence in their integrity. Tumey, therefore, is not simply a decision on pecuniary interests. It can, and should, be applied to …

Forty-Eight States Are Probably Not Wrong: An Argument For Modernizing Georgia’S Legal Malpractice Statute Of Limitations, Ben Rosichan

Georgia State University Law Review

The legal profession is largely self-regulated, and each state has a bar association charged with creating and enforcing basic standards of professionalism and competence for attorneys. Unfortunately, attorneys do not always adhere to these standards. In Georgia, the State Bar can address attorney misconduct through remedial measures up to and including disbarment. The State Bar cannot, however, compensate wronged clients through monetary damages.Thus, some wronged clients must resort to a lawsuit for legal malpractice where a financial recovery is necessary to make the client whole again.

The statute of limitations for legal malpractice claims should not be so restrictive that …

Personal Injury Law, Defense V. Plaintiff: A Return To Civility, Daniel Stiffler, Jamie Finizio Bascombe

NSU Law Seminar Series

This particular seminar is designed to educate attorneys on the importance of communicating and navigating a civil case while maintaining a level of professionalism, civility, and integrity to the profession, opposing party, and the court. Learning Outcomes include:

1. How to maintain a level of civility while competently represent clients in civil cases in Florida
2. Review standards of conduct in the context of a lawyer’s responsibility to perceive and protect the image of the profession

The Florida Bar CLE credits - General 2.0, Ethics 0.5 The Florida Bar Certification Credits - Civil Trial 2.0

In Re Discipline Of Timothy Treffinger, 133 Nev. Adv. Op. 22 (May 11, 2017), Julia Barker

Nevada Supreme Court Summaries

The Court determined that (1) when a licensed Nevada attorney pleads guilty to a felony, Supreme Court Rule (SCR) 111 requires an interim suspension of the attorney’s law license and a referral to the Nevada State Bar for formal discipline; and (2) the “good cause” exception to stay an interim suspension requires the court to consider whether the attorney’s crime poses a danger to his clients, the court, and the public.

Encroachment, Loss Of Five Yards: Government Attorneys And The No- Contact Rule's Place In Civil False Claims Act Investigations, Erica L. Burchell

Mercer Law Review

A telephone rings, interrupting the otherwise quiet hum of a Tuesday afternoon's work in a government attorney's office. A pair of eyes dart quickly from a blinking cursor on the computer screen to the receiver of the multiline telephone. A hand reaches forward from the keyboard to grasp the telephone receiver, and, as the receiver is raised up to the attorney's ear, with the single uttering of "good afternoon," an ethical dilemma arises. The voice on the other end of the line has information–information to share–and now the attorney must decide whether continuing the conversation would comply with the applicable …

From Teaching Professionalism To Supporting Professional Identity Formation: Lessons From Medicine, Sylvia R. Cruess, Richard L. Cruess

Mercer Law Review

Profession, professional, and professionalism are generic terms that apply to a limited number of knowledge-based occupations charged with providing essential services to society. While the terms have existed for over 2000 years, until the middle of the nineteenth century the professions served only the upper socioeconomic strata and thus had a limited impact on society. The reasons were not complex. Wealth was limited and only a few could afford the services of the professional until the industrial revolution provided sufficient resources to support their use. The growth in both size and influence of the medical and legal professions occurred at …

Educational Programs For Professional Identity Formation: The Role Of Social Science Research, Muriel J. Bebeau, Stephen J. Thoma, Clark D. Cunningham

Mercer Law Review

This Article on the use of social science research to design, implement, and assess educational programs for the development of professional identity has its origins in the opening presentation made at the 17th Annual Georgia Symposium on Professionalism and Legal Ethics, held on October 7, 2016 at Mercer Law School on the topic "Educational Interventions to Cultivate Professional Identity in Law Students." The Mercer Symposium invited speakers from a variety of disciplines to address a series of questions regarding the feasibility and worth of establishing an educational intervention and assessment program to facilitate professional identity formation.

This Article begins with …

17th Annual Georgia Symposium On Ethics And Professionalism: October 6, 2016, Benjamin Grimes

Mercer Law Review

Professional identity is a mercurial thing. It is a combination of skills, values, and ways of thinking that identifies us to others and forms the basis of our understanding of ourselves. But why should we endeavor to affirmatively instill a certain identity-or to provide the seeds of professional identity-in our students and young attorneys? To what end is identity useful, what elements are important, and how do we do it?

Unlike the many participants in this Symposium and contributors to this issue of the Mercer Law Review, I am neither an academic nor a remarkable practitioner. I have taught …

Professional Identity Formation Throughout The Curriculum: Lessons From Clergy Education, Larry A. Golemon

Mercer Law Review

Clergy education is undergoing radical transformation in the United States due to changes in the profession, the religious communities served, and the larger landscape of higher education. Many reformers of theological education question whether the education of pastors, priests, and rabbis should be considered "professional" education at all. Some call for less competence training and more formation of theological habits of interpretation and reflection; others advocate for more practical and contextual training of skills and role-formation; and others emphasize the formation of personal character and religious piety. Yet most of these reformers agree that the formation of pastoral and professional …

The Art Of Self And Becoming A Professional, Jack L. Sammons

Mercer Law Review

This talk about the self originated in comments made by Joshua Bishop. Josh was executed by the People of the State of Georgia on March 31, 2016. Now I have long puzzled over questions of the self, especially in the context as here of students and practitioners who are in the process of becoming professionals; so the issues were not new to me although I had never gotten very far with them. But Josh's comments, when I first heard them, seemed to me to be a uniquely reliable resource for returning to these issues again. He spent most of his …

Developing Virtue And Practical Wisdom In The Legal Profession And Beyond, Mark L. Jones

Mercer Law Review

It is a central axiom of this Article that the good lawyer is a virtuous lawyer and that the possession and exercise of virtue is central to the lawyer's professional character and professional identity. The Article is therefore resonant with the school of "virtue jurisprudence" according to which the behavior of legal actors such as judges and lawyers and the ends of law pursued by legislators should be concerned with the development and exercise of virtues such as courage, honesty, integrity, wisdom, temperance, and, of course, justice as central to a life of human flourishing. It is also resonant with …

Educational Interventions To Cultivate Professional Identity In Law Students: Introduction, Patrick Emery Longan

Mercer Law Review

On October 7, 2016, the Mercer Law Review co-sponsored the 17th Annual Georgia Symposium on Professionalism and Ethics. The Georgia symposia on professionalism and ethics have all been made possible by the Honorable Hugh Lawson, Senior United States District Judge for the Middle District of Georgia. In 1999, Judge Lawson oversaw the settlement of a matter that involved allegations of litigation misconduct, and as part of the settlement four of Georgia's law schools each received an endowment to fund annual symposia dedicated to ethics and professionalism. The symposium series began in 2001 and rotates among Mercer University, Georgia State University, …

The Case For The Four Component Model Vs. Moral Foundations Theory: A Perspective From Moral Psychology, Elizabeth C. Vozzola

Mercer Law Review

The 2016 Mercer Law Review Symposium asked speakers to address some aspect of three organizing questions about educational interventions designed to cultivate professional identity in law students. The Symposium's first proposed question of whether it is worthwhile to establish such interventions seemed largely rhetorical. The third question asked about appropriate assessment of such interventions and will be addressed in this issue by leaders in the field of legal ethics and professional program assessment. Hence, as a teacher and psychologist whose primary role in the field has been to synthesize theory and research, I chose to question the second guiding question …

Off-The-Shelf Formative Assessments To Help Each Student Develop Toward A Professional Formation/Ethical Professional Identity Learning Outcome Of An Internalized Commitment To The Student's Own Professional Development, Neil Hamilton

Mercer Law Review

With the shift in American Bar Association (ABA) accreditation standards to emphasize learning outcomes, all law schools will be slowly moving away from structure-and-process based legal education (exposure to specific content for specified periods of time, such as a four credit one semester contracts course) to competency-based legal education (focus on the ultimate competencies needed for excellent service to the clients and the legal system, such as competence in career-long professional development). A large number of law schools are adopting what the next section of this Article defines as competency-based professional-formation or ethical- professional-identity learning outcomes. The specific focus of …

Marking The Path From Law Student To Lawyer: Using Field Placement Courses To Facilitate The Deliberate Exploration Of Professional Identity And Purpose, Timothy W. Floyd, Kendall L. Kerew

Mercer Law Review

Legal education is a powerfully transformative experience.' Law students enter law school as non-lawyers guided by the personal attitudes, values, and beliefs that drew them to the law and, within a few short years, leave law school with a new professional identity and purposethat of lawyer. While in law school, students learn about the law, acquire distinctive lawyering skills and habits, and develop an understanding of the many ethical obligations that guide a professional's actions. They develop new ways of thinking, talking, writing, and interacting with others. And throughout this process students take on new values, attitudes, and beliefs. In …

Telling A Story, Changing The World: California Rural Legal Assistance, Jonathan J. Chavez

Capstone Projects and Master's Theses

This capstone project attempts to provide an in-depth view of how stories influence change in our lives as well as in the field of law.