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Legal Ethics and Professional Responsibility Commons™

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Articles 3631 - 3660 of 7946

Full-Text Articles in Legal Ethics and Professional Responsibility

Making Stuff Up, Richard H. Underwood Jul 2010

Making Stuff Up, Richard H. Underwood

Law Faculty Scholarly Articles

Beginning with an article in this Journal almost thirty years ago, Professor Underwood continues to research and write about legal ethics and litigation. In this Commentary, he offers a witty look at several cases where, in his opinion, the judge allowed improper arguments to the jury.

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To Opine Or Not To Opine, That Is The Question: A Discussion Of A Patent Agent's Representation Of Others Before The United States Patent And Trademark Office In Light Of Revised Rules Of Patent Ethics And Professionalism, Nathan D. Renov Jul 2010

To Opine Or Not To Opine, That Is The Question: A Discussion Of A Patent Agent's Representation Of Others Before The United States Patent And Trademark Office In Light Of Revised Rules Of Patent Ethics And Professionalism, Nathan D. Renov

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

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Misfeasance, Nonfeasance, And The Self-Interested Attorney, C. D. Freedman Jul 2010

Misfeasance, Nonfeasance, And The Self-Interested Attorney, C. D. Freedman

Osgoode Hall Law Journal

How extensive should the liability of an attorney acting under a "continuing power of attorney" be? Where the donor is capable, the question is not unduly complicated. However, where the donor is incapable and the attorney has an interest in the donor's estate, the question is more difficult. Attorneys acting on behalf of incapable donors should conduct themselves according to the highest standards of probity and fidelity in addition to performing their duties competently. Unexcused breach of the duty of care should result in compensation. For breach of fiduciary duty, restitution should be the norm rather than compensation. In the …

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The Stupidest Lawyering Ever, Donald E. Wilkes Jr. Jun 2010

The Stupidest Lawyering Ever, Donald E. Wilkes Jr.

Popular Media

Last Wednesday and Thursday, June 23 and 24, Georgia death row inmate Troy Davis finally got what he has been seeking for over a decade -- a court hearing allowing him to present newly discovered evidence he is innocent of the murder of off-duty policeman Mark MacPhail. That hearing was a disaster, however, because of the cataclysmic blundering of his own attorneys. As he sat in the federal district courtroom in jail garb and leg irons watching events unfold, Davis must surely have come to the sickening realization that his lawyers were guilty of some of the stupidest lawyering on …

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Diversity, Democracy And Dialogue In A Human Rights Framework, Carol C. Gould Jun 2010

Diversity, Democracy And Dialogue In A Human Rights Framework, Carol C. Gould

Center for the Study of Ethics in Society Papers

Papers presented for the Center for the Study of Ethics in Society Western Michigan University, November 3, 2009

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Jun. 1, 2010, Ifc, The International Bill Of Human Rights And Ifc Policies And Performance Standards, Ifc Jun 2010

Jun. 1, 2010, Ifc, The International Bill Of Human Rights And Ifc Policies And Performance Standards, Ifc

IFC E&S Performance Standards

No abstract provided.

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Attorney Fees And Expenses In Class Action Settlements: 1993–2008, Theodore Eisenberg, Geoffrey P. Miller Jun 2010

Attorney Fees And Expenses In Class Action Settlements: 1993–2008, Theodore Eisenberg, Geoffrey P. Miller

Cornell Law Faculty Publications

We report on a comprehensive database of 18 years of available opinions (1993–2008, inclusive) on settlements in class action and shareholder derivative cases in state and federal courts. An earlier study, covering 1993–2002, revealed a remarkable relationship between attorney fees and class recovery size: regardless of the methodology for calculating fees ostensibly employed by the courts, the class recovery size was the overwhelmingly important determinant of the fee. The present study, which nearly doubles the number of cases in the database, confirms that relationship. Fees display the same relationship to class recoveries in both data sets and neither fees nor …

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Imputed Liability For Supervising Prosecutors: Applying The Military Doctrine Of Command Responsibility To Reduce Prosecutorial Misconduct, Geoffrey S. Corn, Adam M. Gershowitz May 2010

Imputed Liability For Supervising Prosecutors: Applying The Military Doctrine Of Command Responsibility To Reduce Prosecutorial Misconduct, Geoffrey S. Corn, Adam M. Gershowitz

Faculty Publications

No abstract provided.

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Apr. 21, 2010, Unathored, Summary Of Positions On Ifc Policy And Performance Standards And Disclosure Policy, Ifc Apr 2010

Apr. 21, 2010, Unathored, Summary Of Positions On Ifc Policy And Performance Standards And Disclosure Policy, Ifc

IFC E&S Performance Standards

No abstract provided.

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Apr. 14, 2010, Ifc, Annex B_Mark Up Of Draft Policy, Ifc Apr 2010

Apr. 14, 2010, Ifc, Annex B_Mark Up Of Draft Policy, Ifc

IFC E&S Performance Standards

No abstract provided.

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Apr. 14, 2010, Ifc, Annex A_Review And Update Of Ifc's Sustainability - Duplicate, Ifc Apr 2010

Apr. 14, 2010, Ifc, Annex A_Review And Update Of Ifc's Sustainability - Duplicate, Ifc

IFC E&S Performance Standards

No abstract provided.

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Apr. 14, 2010, Ifc, Performance Standard 1-Rev.-0.1, Ifc Apr 2010

Apr. 14, 2010, Ifc, Performance Standard 1-Rev.-0.1, Ifc

IFC E&S Performance Standards

No abstract provided.

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Achieving The Vision Through High Ethical Standards, Sarah E. Bertke Apr 2010

Achieving The Vision Through High Ethical Standards, Sarah E. Bertke

Ohio Valley Regional Student Conference

No abstract provided.

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Shadow Lawyering: Nonlawyer Practice Within Law Firms, Paul R. Tremblay Apr 2010

Shadow Lawyering: Nonlawyer Practice Within Law Firms, Paul R. Tremblay

Indiana Law Journal

Lawyers commonly associate with nonlawyers to assist in their performance of lawyering tasks. A lawyer cannot know with confidence, though, whether the delegation of some tasks to a nonlawyer colleague might result in her assisting in the unauthorized practice of law, because the state of the law and the commentary about nonlawyer practice is so confused and incoherent. Some respected authority within the profession tells the lawyer that she may only delegate preparatory matters and must prohibit the nonlawyer from discussing legal matters with clients, or negotiating on behalf of clients. Other authority suggests that the lawyer may delegate a …

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Paying Women For Their Eggs For Use In Stem Cell Research, Pamela Foohey Apr 2010

Paying Women For Their Eggs For Use In Stem Cell Research, Pamela Foohey

Pace Law Review

No abstract provided.

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Legal, Moral And Biological Implications Of Poaching And Illegal Animal Trafficking On An International Scale, Meghan A. Pastor Apr 2010

Legal, Moral And Biological Implications Of Poaching And Illegal Animal Trafficking On An International Scale, Meghan A. Pastor

Pell Scholars and Senior Theses

Poaching and animal trafficking is a global issue in the areas of biology, morality and politics. This paper will discuss the different areas of impact as well as consider options for the prevention and alleviation of this issue.

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Entertainment Law - The Specter Of Malpractice Claims And Disciplinary Actions, John Sahl Apr 2010

Entertainment Law - The Specter Of Malpractice Claims And Disciplinary Actions, John Sahl

Akron Law Faculty Publications

There is significant risk today that lawyers will become the target of a disciplinary or legal malpractice action, especially given the complexity of the law and advances in technology that reduce the amount of time that lawyers have to reflect about client matters. This risk is heightened by the increased competition in the bar to deliver legal services in a cost-effective manner, the sophistication of clients who expect competent, efficient and reasonably priced services, and the litigious nature of consumers. The risk is further exacerbated by the ever-changing methods and rules for electronic communication and the storage of information. The …

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Misunderstanding Lawyers' Ethics, Monroe H. Freedman, Abbe Smith Apr 2010

Misunderstanding Lawyers' Ethics, Monroe H. Freedman, Abbe Smith

Michigan Law Review

The title of Daniel Markovits's book, A Modern Legal Ethics, gives the impression that it is a comprehensive treatise on contemporary lawyers' ethics. The contents of the book, however, are both more limited and more expansive than the title suggests. Markovits's treatment of lawyers' ethics concerns itself with what he conceives to be the pervasive guilty conscience of practicing lawyers over their "professional viciousness" (p. 36), and how lawyers can achieve a guilt-free professional identity "worthy of ... commitment" (p. 2). Markovits's goal in the book is to "articulat[e] a powerful and distinctively lawyerly virtue" (p. 2), one that …

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Attorney Admissions Ceremony — United States District Court For The Northern District Of New York, Roger J. Miner '56 Mar 2010

Attorney Admissions Ceremony — United States District Court For The Northern District Of New York, Roger J. Miner '56

Bar Admissions

No abstract provided.

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It's Not Funny: Creating A Professional Culture Of Pro Bono Commitment, Douglas L. Colbert Mar 2010

It's Not Funny: Creating A Professional Culture Of Pro Bono Commitment, Douglas L. Colbert

Faculty Scholarship

Professor Colbert challenges the popular view that regards lawyers as selfish, greedy and uncaring to the legal needs of the outside community. In his article, he recognizes that the lawyers with whom he is familiar are fulfilling the lawyer’s ethical obligation of engaging in pro bono service and “provid[ing] legal services to those unable to pay,” while also embracing the language in the Preamble to the Model Rules of Professional Conduct that refers to the attorney “as a public citizen who has a special responsibility to the quality of justice.” Professor Colbert asks colleagues in the legal academy whether they …

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The Way We Think: Ethics, Health And The Environment In International Business, David N. Smith Mar 2010

The Way We Think: Ethics, Health And The Environment In International Business, David N. Smith

Research Collection Yong Pung How School Of Law

Breaches of ethics and social responsibility in domestic and international business are typically thought to be anchored in such phenomena as greed, dishonesty and conflict of interest. While these forces are frequently at work in international business transactions, there is often another major force at work when failures of ethics and social responsibility occur. This article addresses the question of what is it about the way that transnational company managers and government officials think or don't think that leads to breaches of ethics and social responsibility - breaches that often result in major health, environmental and social tragedies. The article …

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Conflicts Of Interest In Criminal Cases: Should The Prosecution Have A Duty To Disclose?, Anne Poulin Feb 2010

Conflicts Of Interest In Criminal Cases: Should The Prosecution Have A Duty To Disclose?, Anne Poulin

Working Paper Series

This article addresses two types of conflicts of interests that arise in criminal cases: 1) when defense counsel has an employment relation to the prosecutor’s office, and 2) when defense counsel faces criminal investigation or charges. Both these situations threaten both the defendant’s representation and the actual as well as apparent fairness of the proceeding. Yet, only in extreme cases are these conflicts likely to result in a reversal of the defendant’s conviction. As a result, protection of the defendant and the fairness of the process often depends on early intervention, which allows the court to advise the defendant of …

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Bad Faith Exception To Prosecutorial Immunity For Brady Violations, Bennett L. Gershman Jan 2010

Bad Faith Exception To Prosecutorial Immunity For Brady Violations, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Part I of this Article discusses Imbler’s adoption of absolute immunity for prosecutors. Part II discusses Imbler’s extension of absolute immunity to a prosecutor’s violation of his disclosure duty under Brady v. Maryland. Part III describes the ease with which prosecutors are able to evade the Brady rule and the difficulty of enforcing compliance with Brady. Part IV discusses the absence of any meaningful sanctions to deter and punish prosecutors for willful violations of Brady. Part V proposes a bad faith exception to absolute immunity of prosecutors for Brady violations.

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(Re)Constructing Judicial Ethics In Canada, Richard F. Devlin Jan 2010

(Re)Constructing Judicial Ethics In Canada, Richard F. Devlin

McGeorge Law Review

No abstract provided.

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Three Models Of Legal Ethics, Anthony D'Amato, Edward J. Eberle Jan 2010

Three Models Of Legal Ethics, Anthony D'Amato, Edward J. Eberle

Faculty Working Papers

This article presents a picture of each of the three theoretical models—autonomy, socialist, and deontological—and indicates how they differ from one another in their application to some aspects of attorney-client confidentiality, one of the most hotly debated topics of professional ethics.

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The Madoff Scandal, Market Regulatory Failure And The Business Education Of Lawyers, Robert J. Rhee Jan 2010

The Madoff Scandal, Market Regulatory Failure And The Business Education Of Lawyers, Robert J. Rhee

Faculty Scholarship

This essay suggests that a deficiency in legal education is a contributing cause of the regulatory failure. The most scandalous malfeasance of this new era, the Madoff Ponzi scheme, evinces the failure of improperly trained lawyers and regulators. It also calls into question whether the prevailing regulatory philosophy of disclosure of disclosure is sufficient in a complex market. This essay answers an important question underlying these considerations: What can legal education do to better train business lawyers and regulators for a market that is becoming more complex? One answer, it suggests, is a simple one: law schools should teach a …

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Exporting American Legal Ethics, James E. Moliterno Jan 2010

Exporting American Legal Ethics, James E. Moliterno

Scholarly Articles

None available.

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Unconscious Influences On Judicial Decision-Making: The Illusion Of Objectivity, John F. Irwin, Daniel L. Real Jan 2010

Unconscious Influences On Judicial Decision-Making: The Illusion Of Objectivity, John F. Irwin, Daniel L. Real

McGeorge Law Review

No abstract provided.

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Behavioral Psychology Of Judicial Corruption: A Response To Judge Irwin And Daniel Real, The, W. Bradley Wendel Jan 2010

Behavioral Psychology Of Judicial Corruption: A Response To Judge Irwin And Daniel Real, The, W. Bradley Wendel

McGeorge Law Review

No abstract provided.

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Understanding Caperton: Judicial Disqualification Under The Due Process Clause, Dmitry Bam Jan 2010

Understanding Caperton: Judicial Disqualification Under The Due Process Clause, Dmitry Bam

McGeorge Law Review

No abstract provided.

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