Legal Ethics and Professional Responsibility Commons^™

The Zeal Shortage, Anita Bernstein

Faculty Scholarship

No abstract provided.

April 21, 2006, W. Van Winklin, Cao, Summaries Of Cao Effectiveness In Cases, Cao

CAO General 1999-Present

No abstract provided.

Statement On The Functions And Future Of Appellate Lawyers, The American Academy Of Appellate Lawyers

The Journal of Appellate Practice and Process

No abstract provided.

Reconsidering The Corporate Attorney-Client Privilege: A Response To The Compelled-Voluntary Waiver Paradox, Lonnie T. Brown, Jr.

Scholarly Works

The Department of Justice (“DOJ”) has adopted guidelines that seem to make waiver of the attorney-client privilege and work product protection a prerequisite for being deemed “cooperative,” a significant designation that carries with it the prospect for more favorable penal treatment. In addition, the United States Sentencing Commission underscored the potential importance of such waivers by approving an amendment to the Federal Sentencing Guidelines in 2004 that, under certain circumstances, makes privilege waiver a factor in assessing a corporation's “culpability score,” which is used in determining the appropriate sentencing range.

This perceived ever-present concern has caused many corporate executives and …

Counseling Organizational Clients "Within The Bounds Of The Law", Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

What's Wrong With Being Creative And Aggressive?, W. Bradley Wendel

Cornell Law Faculty Publications

When I tell people that I am a law professor specializing in legal ethics, they usually have one of two reactions: “Legal ethics—that’s an oxymoron!” or “I bet you always have a lot to do.” The second reaction is the more interesting of the two, because it rightly implies that legal ethics is a fascinating field, in part because lawyers are always thinking of new ways to get into trouble. Many run-of-the-mill lawyer disciplinary cases involve simple wrongdoing, such as stealing from client funds, which does not present conceptually interesting issues. Contemporary high-profile legal ethics scandals, by contrast, are made …

Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

We Can't Escape Responsibility, Gene R. Nichol

Popular Media

No abstract provided.

Mar. 29, 2006, Int'l Acc. Project, Analysis Of Ifc Perf. Standard 5, Ifc

IFC E&S Performance Standards

No abstract provided.

Privilege Can Be Abused: Exploring The Ethical Obligation To Avoid Frivolous Claims Of Privilege, Maura I. Strassberg

ExpressO

Many lawyers believe that ethical duties of confidentiality and zealousness require them to assert attorney-client privilege as aggressively as they assert a criminal defendant’s lack of guilt. They treat client information as if it is “privileged until proven unprivileged,” even though it is the claimant of privilege that has the evidentiary burden of showing that all the legal elements of privilege are met. Ordinarily, the adversary system works well to expose and control frivolous claims, but challenges to frivolous claims of privilege face unique obstacles. Challengers must operate “in the dark,” without the detailed knowledge of the communication needed to …

Dropping The Hot Potato: Rescusitating The Permissive Withdrawal Rules In The Model Rules Of Professional Conduct, Henry M. Kelln

ExpressO

Critical analysis of the Hot Potato Rule in attorney ethics through pragmatic, textual, and philosophical approaches.

The Professional Ethics Of Professors, Deborah L. Rhode

Journal of Legal Education

No abstract provided.

First Do No Harm: Law Professor Misconduct Toward Law Students, Lisa G. Lerman

Journal of Legal Education

No abstract provided.

The Professional Responsibilities Of Law Professors: The Scope Of The Duty Of Confidentiality, Character And Fitness Questionnaires, And Engagement In Governance, Carol A. Needham

Journal of Legal Education

No abstract provided.

Mar. 15, 2006, D. Hunter, Memo To A. Durbin & S. Herz Re Analysis Of Ifc Perf. Standards Against Old Safeguards, David Hunter, Andrea Durbin, Steve Herz

IFC E&S Performance Standards

No abstract provided.

Attorney-Client Privilege In The Public Sector: A Survey Of Government Attorneys, Nancy Leong

ExpressO

No abstract provided.

Mar. 6, 2006, Consultation Advisory 13, Final Version Of E&S Safeguards Available On Wb Website, Lucie Giraud

IFC E&S Performance Standards

No abstract provided.

Everything I Wanted To Know About Teaching Law School I Learned From Being A Kindergarten Teacher: Ethics In The Law School Classroom, Debra Moss Curtis

Brigham Young University Education and Law Journal

No abstract provided.

Legal Doubletalk And The Concern With Positional Conflicts: A "Foolish Consistency?", Helen A. Anderson

ExpressO

This article explores the question whether lawyers should be able to argue both sides of a legal issue is unrelated cases. Today the ABA and many state bar associations caution against so-called “positional conflicts,” analyzing them as potential conflicts of interest under a multi-factor test. This relatively recent concern misses the real potential for harm: it is precisely when a lawyer decides not to make a contradictory argument for one client in order not to offend or harm another client that an ethical problem is likely to be present. A positional conflict is therefore evidence that any pressure to modify …

Even Heroes Need To Talk: Psycho-Legal Soft Spots In The Field Of Asylum Lawyering, Tehila Sagy

ExpressO

This research identifies emotional pressure points pertaining to the asylum seeking client’s narration of her traumatic past persecution in the process of preparing the asylum claim. A typology of psycholegal soft-spots was offered, which includes the potential impact of the work done by the asylum seeking client and her lawyer on both parties. Interviews with Bay Area lawyers who represented asylum seekers were conducted in order to assess the level of asylum lawyer’s awareness to special needs dictated by the psycho-legal soft spots during asylum representation. Lawyers were asked about how they handle those issues and about training and support …

The Logistical And Ethical Difficulties Of Informing Juveniles About The Collateral Consequences Of Adjudications, Michael Pinard

Nevada Law Journal

No abstract provided.

Standing In Babylon, Looking Toward Zion, Katherine R. Kruse

Nevada Law Journal

No abstract provided.

Recommendations Of The 1995 Fordham Conference On Ethical Issues In The Legal Representation Of Children, Fordham Conference On Ethical Issues In The Legal Representation Of Children

Nevada Law Journal

No abstract provided.

Representing Children With Disabilities: Legal And Ethical Considerations, Kim Brooks Tandy, Teresa Heffernan

Nevada Law Journal

No abstract provided.

Improving Prosecutorial Decision Making: Some Lessons Of Cognitive Science, Alafair S. Burke

William & Mary Law Review

No abstract provided.

Attorneys As Gatekeepers: Sec Actions Against Lawyers In The Age Of Sarbanes-Oxley, Lewis D. Lowenfels, Alan R. Bromberg, Michael J. Sullivan

ExpressO

Following the enactment of the Sarbanes-Oxley Act on July 30, 2002, the Securities and Exchange Commission has substantially increased the number of actions it has initiated against lawyers. And a substantial number of these recent SEC actions against counsel to public companies (both internal and external) have highlighted the SEC’s resolve to hold lawyers accountable for not performing adequately their SEC-conceived role as “gatekeepers” to prevent fraud and other violations of the federal securities laws. This “gatekeeper” concept has been and is being implemented through SEC actions addressing a wide variety of alleged transgressions in a wide diversity of factual …

Circular 230 Opinion Standards, Legal Ethics And First Amendment Limitations On The Regulation Of Professional Speech By Lawyers, David T. Moldenhauer

ExpressO

This article addresses the legal ethics and First Amendment implications of recent Treasury Department regulations governing legal opinions on tax-motivated transactions. As discussed in the article, the regulations are intended to address the significant policy and budgetary issue of practitioners’ involvement in the development, marketing and encouragement of abusive tax shelters. However, the article concludes that the regulations are in many respects an inappropriate response to these problems because their prohibitions prevent a lawyer from giving taxpayers a complete, informed assessment of their rights. As such, they create significant ethical conflicts and deny the public legal advice. More generally, they …

Legal Doubletalk And The Concern With Positional Conflicts: A “Foolish Consistency”?, Helen A. Anderson

ExpressO

This article explores the question whether lawyers should be able to argue both sides of a legal issue is unrelated cases. Today the ABA and many state bar associations caution against so-called “positional conflicts,” analyzing them as potential conflicts of interest under a multi-factor test. This relatively recent concern misses the real potential for harm: it is precisely when a lawyer decides not to make a contradictory argument for one client in order not to offend or harm another client that an ethical problem is likely to be present. A positional conflict is therefore evidence that any pressure to modify …

Feb. 3, 2006, Ifc, Working Draft E&S Review Procedures, V.05, Ifc

IFC E&S Performance Standards

No abstract provided.

Law As Rationalization: Getting Beyond Reason To Business Ethics, Jeffrey Marc Lipshaw

ExpressO

Embedded in the way we use the law is the tendency of human reason to justification, in the words of one philosopher, “the thirst for rationality that creates lies.” I contend that this tendency is exacerbated by the conflation of what is knowable as a matter of science, and that which we might believe is normative. I rely on Kant’s critique of theoretical and practical reason to assess claims to objectivity in social science approaches to law, and to suggest it is not surprising that the operation of theoretical and practical reason would tend to the conflation of the descriptive …