Open Access. Powered by Scholars. Published by Universities.®
Legal Ethics and Professional Responsibility Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Profession (2026)
- Law and Society (1990)
- State and Local Government Law (1431)
- Environmental Law (1409)
- Jurisprudence (1256)
-
- Health Law and Policy (1245)
- Immigration Law (1087)
- Oil, Gas, and Mineral Law (1076)
- Military, War, and Peace (1048)
- Legal Education (849)
- Judges (674)
- Criminal Law (661)
- Constitutional Law (637)
- International Law (627)
- Courts (600)
- Legal History (543)
- Criminal Procedure (542)
- Business Organizations Law (510)
- Social and Behavioral Sciences (496)
- Law and Politics (494)
- Administrative Law (483)
- Organizations Law (461)
- Dispute Resolution and Arbitration (457)
- Litigation (448)
- Legislation (421)
- Civil Rights and Discrimination (420)
- Human Rights Law (412)
- Legal Writing and Research (376)
- Institution
-
- St. Mary's University (1070)
- American University Washington College of Law (359)
- Notre Dame Law School (328)
- Seattle University School of Law (320)
- Fordham Law School (240)
-
- Yeshiva University, Cardozo School of Law (194)
- University of Michigan Law School (169)
- University of Colorado Law School (167)
- Touro University Jacob D. Fuchsberg Law Center (151)
- Maurer School of Law: Indiana University (139)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (137)
- Maurice A. Deane School of Law at Hofstra University (134)
- Pepperdine University (132)
- Boston University School of Law (127)
- William & Mary Law School (123)
- UC Law SF (121)
- Cornell University Law School (119)
- Schulich School of Law, Dalhousie University (118)
- Case Western Reserve University School of Law (117)
- Washington and Lee University School of Law (115)
- Georgetown University Law Center (112)
- Pace University (109)
- University of Kentucky (106)
- Western Michigan University (104)
- Association of American Law Schools (98)
- University of Georgia School of Law (94)
- West Virginia University (94)
- Penn State Dickinson Law (92)
- Brigham Young University Law School (91)
- Mercer University School of Law (91)
- Keyword
-
- Legal ethics (697)
- Ethics (688)
- St. Mary’s University School of Law (446)
- St. Mary’s Law Journal (402)
- Professional responsibility (303)
-
- International law (272)
- Accountability (263)
- Environmental law (257)
- CAO (246)
- IFC (245)
- World bank (243)
- Lawyers (226)
- Legal profession (219)
- Legal Ethics (194)
- Legal Profession (152)
- Professional Ethics (140)
- Legal education (117)
- Law (111)
- Model Rules of Professional Conduct (105)
- Professionalism (99)
- Confidentiality (96)
- American Bar Association (90)
- Inc. (88)
- Professional Responsibility (86)
- Judges (84)
- Professional ethics (84)
- ABA (82)
- Attorneys (80)
- Legal Education (77)
- Attorney-client privilege (74)
- Publication Year
- Publication
-
- St. Mary's Law Journal (849)
- Faculty Scholarship (482)
- Seattle University Law Review (278)
- Notre Dame Journal of Law, Ethics & Public Policy (240)
- Scholarly Works (192)
-
- St. Mary's Journal on Legal Malpractice & Ethics (169)
- IFC E&S Performance Standards (163)
- Articles (162)
- Georgetown Law Faculty Publications and Other Works (106)
- Center for the Study of Ethics in Society Papers (103)
- Cornell Law Faculty Publications (103)
- Publicity & News Clippings (99)
- Articles, Book Chapters, & Popular Press (98)
- Faculty Publications (98)
- Journal of Legal Education (98)
- The International Journal of Ethical Leadership (98)
- Michigan Law Review (96)
- Journal Articles (92)
- Touro Law Review (92)
- Fordham Law Review (91)
- Fordham Urban Law Journal (89)
- West Virginia Law Review (89)
- Elisabeth Haub School of Law Faculty Publications (83)
- Mercer Law Review (81)
- CAO General 1999-Present (72)
- UIC Law Review (66)
- Faculty Articles (65)
- Kentucky Law Journal (65)
- Pepperdine Law Review (65)
- Washington and Lee Law Review (62)
- Publication Type
- File Type
Articles 3901 - 3930 of 7946
Full-Text Articles in Legal Ethics and Professional Responsibility
Professionalizing Moral Deference, Michael Hatfield
Professionalizing Moral Deference, Michael Hatfield
Articles
As I write this Essay, legal memoranda about torture, once again, are headline news. This Essay considers these memoranda. However, this Essay does not address the legality of torture or the legal limits of interrogation or even if lawyers who provide bad advice on these issues should be punished. Instead, this Essay uses what has come to light about the "torture memoranda" to consider broader issues about the contemporary state of becoming and being an American lawyer. With new memoranda being released, for the sake of convenience, this Essay refers only to the best-known example (at least as things currently …
The Disabled Lawyers Have Arrived; Have They Been Welcomed With Open Arms Into The Profession? An Empirical Study Of The Disabled Lawyer, Donald H. Stone
The Disabled Lawyers Have Arrived; Have They Been Welcomed With Open Arms Into The Profession? An Empirical Study Of The Disabled Lawyer, Donald H. Stone
All Faculty Scholarship
This Article proceeds in seven parts. Part I briefly outlines the ADA's position on reasonable accommodations. Part II addresses how law firms are reacting and responding to the fact that they employ lawyers with mood disorders, such as depression or bipolar disorder, attorneys with learning disabilities, and individuals with alcohol or drug addiction. What disabilities are most often represented? Are lawyers with disabilities apt to receive work modifications to accommodate their disability? Are attorneys with mental illness provided with less stressful case assignments? Are lawyers with substance use disorders and alcohol or drug addiction assigned co-counsel to monitor or offer …
Ethics As Self-Transcendence: Legal Education, Faith, And An Ethos Of Justice, Patrick Brown
Ethics As Self-Transcendence: Legal Education, Faith, And An Ethos Of Justice, Patrick Brown
Seattle University Law Review
Ethics is fundamentally about ethos, attitude, one's grounded stance or existential orientation, not the extrinsicism of concepts or the formalism of rules. Ethics concerns not just any orientation, but that intimate and demanding form of personal development manifested in the experience and practice of self-transcendence. Conversely, the neglect of ethics as self-transcendence introduces deep distortions into the way we socialize students into notions of ethics and professionalism. It introduces subsequent distortions into the conditions of legal practice. It encourages a superficial and extrinsic minimalism. It encourages, in effect, the disastrous conception of legal ethics as ethical legalism. I begin by …
When The Lawyer Knows The Client Is Guilty: Client Confessions In Legal Ethics, Popular Culture, And Literature, Michael Asimow, Richard H. Weisberg
When The Lawyer Knows The Client Is Guilty: Client Confessions In Legal Ethics, Popular Culture, And Literature, Michael Asimow, Richard H. Weisberg
Articles
The article explores the ethical dilemma faced by criminal defense lawyers when they know their client is factually guilty but the client insists on a vigorous defense. It examines the tension between the lawyer’s duty of zealous representation and the duty of candor toward the court, proposing a compromise that allows lawyers discretion to choose between strong or weak adversarial approaches based on the context. The analysis draws on historical cases, such as the Courvoisier case of 1840 and the modern case of Steven Feldman, as well as insights from popular culture and literary sources, to argue that the discretionary …
A Witness To Justice, Jessica Silbey
A Witness To Justice, Jessica Silbey
Faculty Scholarship
In the 1988 film The Accused, a young woman named Sarah Tobias is gang raped on a pinball machine by three men while a crowded bar watches. The rapists cut a deal with the prosecutor. Sarah's outrage at the deal convinces the assistant district attorney to prosecute members of the crowd that cheered on and encouraged the rape. This film shows how Sarah Tobias, a woman with little means and less experience, intuits that according to the law rape victims are incredible witnesses to their own victimization. The film goes on to critique what the right kind of witness would …
Sentence Reduction As A Remedy For Prosecutorial Misconduct, Sonja B. Starr
Sentence Reduction As A Remedy For Prosecutorial Misconduct, Sonja B. Starr
Articles
Current remedies for prosecutorial misconduct, such as reversal of conviction or dismissal of charges, are rarely granted by courts and thus do not deter prosecutors effectively. Further, such all-or-nothing remedial schemes are often problematic from corrective and expressive perspectives, especially when misconduct has not affected the trial verdict. When granted, these remedies produce windfalls to guilty defendants and provoke public resentment, undermining their expressive value in condemning misconduct. To avoid these windfalls, courts refuse to grant any remedy at all, either refusing to recognize violations or deeming them harmless. This often leaves significant non-conviction-related harms unremedied and egregious prosecutorial misconduct …
Teaching Business Lawyering In Law Schools: A Candid Assessment Of The Challenges And Some Suggestions For Moving Ahead, Eric J. Gouvin
Teaching Business Lawyering In Law Schools: A Candid Assessment Of The Challenges And Some Suggestions For Moving Ahead, Eric J. Gouvin
Faculty Scholarship
As a result of several recent studies and changes in the ABA's Standards for Approval of Law Schools, legal education is paying more attention to skills training for law students. The need to bring the skills and values of business lawyers into the classroom has never been greater, yet there remains a real risk that "skills training" may be skewed in favor of litgation skills, with little emphasis given to transactional practice. This Article assesses some of the obstacles that stand in the way of effective integration of transactional skills into the law school curriculum and offers some concrete suggestions …
Practitioners Beware: Under Amended Trap 47, Unpublished Memorandum Opinions In Civil Cases Are Binding And Research On Westlaw And Lexis Is A Necessity., Andrew T. Solomon
Practitioners Beware: Under Amended Trap 47, Unpublished Memorandum Opinions In Civil Cases Are Binding And Research On Westlaw And Lexis Is A Necessity., Andrew T. Solomon
St. Mary's Law Journal
In 2003 and 2008, the Texas Rule of Appellate Procedure (TRAP) 47 was amended. TRAP 47 is the rule which governs the issuance, citation, and precedential value of unpublished and memorandum opinions. The 2003 amendment was designed to make the law more readily available by prohibiting the issuance of unpublished opinions in civil cases and authorizing memorandum opinions in place of unpublished opinions. Despite its intention, the 2003 amendment failed to make civil case law more readily available. This is because such new opinions are only available via electronic repository, such as Westlaw or Lexis. As a result, to completely …
Professional Malpractice In A World Of Amateurs., Thomas D. Morgan
Professional Malpractice In A World Of Amateurs., Thomas D. Morgan
St. Mary's Law Journal
Clients experience the speed at which the world changes, both technologically and socially. They expect lawyers to keep pace. The technology which permits lawyers to deliver legal services faster also chains lawyers to their electronic devices. This technology has also led to a growing market of those who promise to do the same work faster, better, and cheaper. Such developments will ultimately affect how lawyers view professional malpractice or the way the industry understands “competence and diligence normally exercised by lawyers.” The malpractice question becomes: to what standard of care and competence should such “amateur” lawyers be held? The legal …
Could Government Speech Endorsing A Higher Law Resolve The Establishment Clause Crisis., Bruce Ledewitz
Could Government Speech Endorsing A Higher Law Resolve The Establishment Clause Crisis., Bruce Ledewitz
St. Mary's Law Journal
The Establishment Clause crisis exists due to the Supreme Court’s promise that America would have a secular government—meaning one which was neutral between religion and irreligion, as well as being neutral to all religions. This promise evolved pursuant to the Supreme Court’s interpretation of the Establishment Clause. Nevertheless, the commitment to neutrality was never carried to fulfillment by the Court. The crisis may be illustrated by Congress’ addition of the words “under God” to the Pledge of Allegiance in 1954. This addition seemed to violate the promise of neutrality made by the Supreme Court in Everson v. Board of Education …
Of Lies And Disclaimers - Contracting Around Fraud Under Texas Law., Robert K. Wise, Andrew J. Szygenda, Thomas F. Lillard
Of Lies And Disclaimers - Contracting Around Fraud Under Texas Law., Robert K. Wise, Andrew J. Szygenda, Thomas F. Lillard
St. Mary's Law Journal
The Texas Supreme Court has failed to provide a bright-line test in determining whether reliance disclaimers are enforceable. A reliance disclaimer is a provision in a contract that disclaims all extra-contractual representations and provides that the contracting parties are not relying on any such representations. By including a reliance disclaimer, a contracting party may be attempting to immunize itself from liability for false statements made during negotiations. Even if a contracting party’s misrepresentations or non-disclosures were made with fraudulent intent, Texas law gives contracting parties broad freedom to contract around misrepresentation claims. In Forest Oil Corp. v. McAllen, the Texas …
Judge William Wayne Justice: A Life Of Human Dignity And Refractory Mules Tribute., Albert H. Kauffman
Judge William Wayne Justice: A Life Of Human Dignity And Refractory Mules Tribute., Albert H. Kauffman
St. Mary's Law Journal
Judge Wayne Justice had a deep impact on the lives of many people and was an unyielding advocate who protected the rights of all U.S. citizens. Many of the Judge’s orders and consent decrees forced Texas to comply with more stringent federal requirements in education and health care and had a far reaching effect across the nation. Judge Justice presided over Doe v. Plyler that ensured the benefit of public education for the children of undocumented immigrants. In United States v. Texas, Judge Justice required that the Texas Education Agency monitor school district actions and policies to assure that they …
Prescribing A Balance: The Texas Legislative Responses To Sell V. United States., Brian D. Shannon
Prescribing A Balance: The Texas Legislative Responses To Sell V. United States., Brian D. Shannon
St. Mary's Law Journal
In Sell v. United States, decided in 2003, the United States Supreme Court addressed the question of “whether the Constitution permits the Government to administer antipsychotic drugs involuntarily to a mentally ill criminal defendant – in order to render that defendant competent to stand trial for serious, but nonviolent crimes.” The Court concluded that the Constitution does permit doing so “in limited circumstances…upon satisfaction of conditions” that the Court delineated. This Article will first address the Court’s parameters for determining when the administration of antipsychotic medications on an involuntary basis is permissible. The remainder of the Article, however, will discuss …
The Yearning For Zion Raid And Its Impact On Texas Child Welfare Cases: How A Botched Rescue Effort Exposed A Need To Refocus Efforts On Effective Service Plans Comment., Shannon K. Dunn
St. Mary's Law Journal
The raid of the Yearning for Zion ranch exposed fundamental flaws in the operation of the Texas Department of Children and Family Services (the Department). In the raid, the Department took custody of 468 children without a court order and removed them from their homes. This is one of the most glaring examples of the Department’s disregard for the Texas Family Code. Subchapter B of section 263 of the Texas Family Code mandates for the creation and implementation of a comprehensive service plan whenever the Department removes a child from his home. The Department, however, failed to create service plans …
The Moral Justification For Journalism, Sandra L. Borden
The Moral Justification For Journalism, Sandra L. Borden
Center for the Study of Ethics in Society Papers
Papers presented for the Center for the Study of Ethics in Society Western Michigan University
Legal Ethics, Patrick Emery Longan
Legal Ethics, Patrick Emery Longan
Mercer Law Review
Georgia's appellate courts made significant decisions during the survey year in matters of attorney discipline, malpractice, and ineffective assistance of counsel. They also issued opinions worth noting in cases concerning attorney and judicial disqualification and several miscellaneous matters.
Toward Ethical Plea Bargaining, Erica J. Hashimoto
Toward Ethical Plea Bargaining, Erica J. Hashimoto
Scholarly Works
Defendants in criminal cases are overwhelmingly more likely to plead guilty than to go to trial. Presumably, at least a part of the reason that most of them do so is that it is in their interest to plead guilty, i.e., they will receive a more favorable outcome if they plead guilty than if they go to trial. The extent to which pleas reflect fair or rational compromises in practice, however, depends upon a variety of factors, including the amount of information each of the parties has about the case. Some level of informational symmetry therefore is critical to the …
Virginity Testing And South Africa's Hiv/Aids Crisis: Beyond Rights Universalism And Cultural Relativism Toward Health Capabilities, Erika George
Faculty Scholarship
In this Article, I explore the tension between the politics of culture and the rights of women and girls to equality, privacy, and sexual autonomy in the context of epidemic disease. Specifically, this Article examines the political debate surrounding the resurgence of virginity testing, its widespread popular support in certain communities, and the South African government's recent efforts to prohibit the practice. This Article argues that the current debate over virginity testing, which focuses on abolition or accommodation of the practice, is misguided and polarizing. It argues that these perspectives on the debate increase the likelihood that the problem causing …
Professional Responsibility, James M. Mccauley
Professional Responsibility, James M. Mccauley
University of Richmond Law Review
No abstract provided.
Was Machiavelli Right? Lying In Negotiation And The Art Of Defensive Self-Help, Peter Reilly
Was Machiavelli Right? Lying In Negotiation And The Art Of Defensive Self-Help, Peter Reilly
Faculty Scholarship
The majority of law review articles addressing lying and deception in negotiation have argued, in one form or another, that liars and deceivers could be successfully reined in and controlled if only the applicable ethics rules were strengthened, and if corresponding enforcement powers were sufficiently beefed up and effectively executed. This article takes a different approach, arguing that the applicable ethics rules will likely never be strengthened, and, furthermore, that even if they were, they would be difficult to enforce in any meaningful way, at least in the context of negotiation. The article concludes that lawyers, businesspeople, and everyone else …
Race, Identity, And Professional Responsibility: Why Legal Services Organizations Need African American Staff Attorneys, Shani M. King
Race, Identity, And Professional Responsibility: Why Legal Services Organizations Need African American Staff Attorneys, Shani M. King
UF Law Faculty Publications
Given the fundamental importance of the attorney-client relationship in securing favorable outcomes for clients, legal services organizations that serve large populations of African Americans should employ African American staff attorneys because: (1) African American lawyers and clients share a group identity that makes it more likely that a black attorney will be able to gain a black client's trust; (2) black attorneys communicate more effectively with black clients; and (3) the perception of a judicial system that is unfair and racist is likely to encourage black clients to trust black lawyers more than white lawyers, who are more likely to …
Prosecutors' New Ethical Duty Relating To Wrongful Convictions, Niki Kuckes
Prosecutors' New Ethical Duty Relating To Wrongful Convictions, Niki Kuckes
Law Faculty Scholarship
No abstract provided.
Ethical Duties To Prospective Clients Who Send Unsolicited Emails, Nicole Lindquist
Ethical Duties To Prospective Clients Who Send Unsolicited Emails, Nicole Lindquist
Washington Journal of Law, Technology & Arts
Recent Iowa and Massachusetts ethics opinions declared that an attorney may owe ethical obligations to prospective clients who send the attorney just a single email regarding legal assistance. These ethics opinions are part of a trend whereby jurisdictions are extending the duty of confidentiality to prospective clients who send unsolicited emails to attorneys, when those persons reasonably believe that the conveyed information will be held in confidence. These opinions highlight the importance for all attorneys to disclaim duties of confidentiality and representation, particularly when advertising online. This article discusses ethical opinions regarding prospective clients who send unsolicited emails and concludes …
Executive Branch Lawyers In A Time Of Terror: The 2008 F.W. Wickwire Memorial Lecture, W. Bradley Wendel
Executive Branch Lawyers In A Time Of Terror: The 2008 F.W. Wickwire Memorial Lecture, W. Bradley Wendel
Cornell Law Faculty Publications
This article discusses the ethical responsibilities of the lawyers who advise executive branch officials on the lawfulness of actions taken in the name of national security. To even talk about this subject assumes that there is some distinction between a government that does all within its power to protect its citizens, and one that does all within its lawful power. If there are good normative reasons to care about maintaining this distinction, then we have the key to understanding the ethical responsibilities of government lawyers. The Bush administration took the position that the role of lawyers is to get out …
Ethical Considerations For Blog-Related Discovery, Jason Boulette, Tanya Dement
Ethical Considerations For Blog-Related Discovery, Jason Boulette, Tanya Dement
Washington Journal of Law, Technology & Arts
The rise in blogs (short for "Web-logs") has spawned a new world of considerations for lawyers and clients. At their foundation, blogs are Web sites that serve as online diaries and sounding boards. Blogs typically consist of posts, pictures, images, links, and other entries that run the gambit of subjects from politics to sports to literature to personal materials. The exponential rise in blogging stems from improvements in technology, the increasing sophistication of Internet users, and the low cost of creating and maintaining blogs. In the last several years, blogs have mushroomed in number and have achieved a measure of …
Foreword, Laurel S. Terry
Foreword, Laurel S. Terry
Penn State International Law Review (1982 - 2011)
No abstract provided.
Preserving The Corporate Attorney-Client Privilege: Here And Abroad, Robert J. Anello
Preserving The Corporate Attorney-Client Privilege: Here And Abroad, Robert J. Anello
Penn State International Law Review (1982 - 2011)
No abstract provided.
At The Intersection Of Legal Ethics And Globalization: International Conflicts Of Law In Lawyer Regulation, Hans-Jurgen Hellwig
At The Intersection Of Legal Ethics And Globalization: International Conflicts Of Law In Lawyer Regulation, Hans-Jurgen Hellwig
Penn State International Law Review (1982 - 2011)
No abstract provided.
Conflicts Of Interest: The Dutch Position, Floris Bannier
Conflicts Of Interest: The Dutch Position, Floris Bannier
Penn State International Law Review (1982 - 2011)
No abstract provided.
Application Of California's Modified Substantial Relationship Test To International Law Firm Conflict Of Interest: Creative Solution Or Can Of Worms?, Ellen A. Pansky
Application Of California's Modified Substantial Relationship Test To International Law Firm Conflict Of Interest: Creative Solution Or Can Of Worms?, Ellen A. Pansky
Penn State International Law Review (1982 - 2011)
No abstract provided.