Legal Ethics and Professional Responsibility Commons^™

The Ethics Of The Adversary System, Greg S. Sergienko

ExpressO

This article considers many commonly advanced criticisms of the adversary system. It provides an analytic framework that includes the likely results of changed ethical rules and that distinguishes and analyzes separately two different possible goals of the system, seeking the truth and promoting justice. The article is also unusual in the range of supporting materials that it synthesizes, which includes contributions from economic theory, psychological studies, philosophy, and traditional legal ethics.

The article concludes that changes in ethical codes meant to increase lawyers' duty to promote the truth will have a perverse result, decreasing the accuracy of litigation. This will …

Sept. 23, 2004, Cso, Overall Matrix Comparing Pss With Safeguards, Ifc

IFC E&S Performance Standards

No abstract provided.

Sept. 22, 2004, Ifc, Draft Ltr From Ifc To Csos Defending Changes In Safeguards, Cao

CAO General 1999-Present

No abstract provided.

On Collegiality, Michael L. Seigel

Journal of Legal Education

No abstract provided.

Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris

University of San Diego Public Law and Legal Theory Research Paper Series

This essay, written as part of a symposium issue to commemorate the 50th anniversary of the University of San Diego Law School, discusses the evaporating distinction between sentence-serving convicts and mentally disordered nonconvicts who are involved in, or who were involved in, the criminal process–people we label as both bad and mad. By examining one Supreme Court case from each of the decades that follow the opening of the University of San Diego School of Law, the essay demonstrates how the promise that nonconvict mentally disordered persons would be treated equally with other civilly committed mental patients was made and …

Lawyers As Gatekeepers, Fred C. Zacharias

University of San Diego Public Law and Legal Theory Research Paper Series

Three recent legislative and regulatory initiatives -- the Sarbanes-Oxley Act, the 2003 amendments to Model Rules 1.6 and 1.13, and the Gatekeeper Initiative – all seek to enlist the assistance of lawyers in thwarting crime. Outraged opponents have relied on flamboyant rhetoric. They challenge the notion that lawyers should act as gatekeepers – which some of the opponents deem equivalent to operating like the “secret police in Eastern European countries.” This article makes a simple, and ultimately uncontroversial, point. Lawyers are gatekeepers, and always have been. Whatever one’s position on the merits of the specific reforms currently being proposed, it …

Understanding Recent Trends In Federal Regulation Of Lawyers, Fred C. Zacharias

University of San Diego Public Law and Legal Theory Research Paper Series

Federal lawmakers increasingly have taken actions that contradict, interfere with, or preempt state regulation of lawyers. Most of the commentary regarding the recent federal actions has focused on whether individual regulations are substantively justified. It is, however, worth considering more broadly whether and how the phenomenon of increasing federal regulation is symptomatic of changing views of appropriate professional regulation. This article considers a series of theoretical analyses of the increasing federal regulation -- themes and trends that the increasing regulation might represent or epitomize. Whenever the bar or other commentators criticize developments in professional regulation, it is important to place …

Prosecutorial Neutrality, Fred C. Zacharias, Bruce A. Green

University of San Diego Public Law and Legal Theory Research Paper Series

This Article examines the ideal of prosecutorial neutrality in an effort to determine its value as a measure of prosecutorial conduct. Commentators often have assumed that prosecutors should be “neutral” in making discretionary decisions or have criticized prosecutors for decisions that purportedly demonstrate a lack of neutrality. The notion of prosecutorial neutrality recalls the traditional conception of prosecutors as “quasi-judicial” officers and emphasizes the distinction between prosecutors and lawyers for private parties. But the specific meaning attributed to prosecutorial neutrality has varied depending on the context. The term refers to diverse, and potentially inconsistent, views of appropriate prosecutorial conduct. The …

The Tenuous Case For Conscience, Steven D. Smith

University of San Diego Public Law and Legal Theory Research Paper Series

If there is any single theme that has provided the foundation of modern liberalism and has infused our more specific constitutional commitments to freedom of religion and freedom of speech, that theme is probably “freedom of conscience.” But some observers also perceive a progressive cheapening of conscience– even a sort of degradation. Such criticisms suggest the need for a contemporary rethinking of conscience. When we reverently invoke “conscience,” do we have any idea what we are talking about? Or are we just exploiting a venerable theme for rhetorical purposes without any clear sense of what “conscience” is or why it …

Sept. 17, 2005, Letter From D.Tallant, Cedha To P. Woicke, Exvp, Ifc, Commeting On Pol'y And Ps Consultation, Daniel Tallant

IFC E&S Performance Standards

No abstract provided.

Sept. 14, 2004, M. Miranda And J. Sohn, Wri Comments On Ifc Draft Policy, Marta Miranda, Jon Sohn

IFC E&S Performance Standards

No abstract provided.

Sept. 3, 2004, F. Mckay, Draft Comments On Ifc Proposed Ps 7 Indigenous Peoples, Fergus Mckay

IFC E&S Performance Standards

No abstract provided.

Prescription For Death?: Psychotic Capital Defendants And The Need For Medication, Joseph R. Dunn

Capital Defense Journal

No abstract provided.

Riner V. Newbraugh: The Role Of Mediator Testimony In The Enforcement Of Mediated Agreements, Joshua S. Rogers

West Virginia Law Review

No abstract provided.

Sept. 2004, Cao, Comparative Matrix Of Accountability Mechanisms, Cao

CAO General 1999-Present

No abstract provided.

"May It Please The Camera,...I Mean The Court"--An Intrajudicial Solution To An Extrajudicial Problem, Lonnie T. Brown

Scholarly Works

This Article explores the depths of the ethical issues presented when lawyers zealously advocate on behalf of their clients to the media, as well as the negative public policy ramifications that such behavior generates. The latter effect most seriously signals the need for reform in this area. Part II of the Article provides insight into the principal source of the problem--the ineffectiveness of the existing regulatory devices. This section traces the evolution of the ethical rules that pertain to public commentary by lawyers from the early days of steadfast condemnation to the modern appraoch of cautious equivocation. It also considers …

Return To Sender? Inadvertent Disclosure Of Privileged Information, Richard J. Heafey

ExpressO

A 1992 ABA Ethics Opinion directs lawyers not to read privileged information inadvertently sent by an adversary or other attorney. But the ethical obligations all lawyers owe to the courts and to their own clients conflict with that opinion. A better rule would hold that information does not remain privileged after it has been voluntarily transmitted to an opposing lawyer.

Aug. 12, 2004, Ifc, Disclosure Policy Review Briefing Note, Ifc

IFC E&S Performance Standards

No abstract provided.

Aug. 12, 2004, Ifc, Consultation Draft Policy And Perf. Stnds With D. Hunter Marginal Comments, Ifc

IFC E&S Performance Standards

No abstract provided.

Aug. 12, 2004, Ifc, Consultation Draft Ses Policy And Perf. Standards, Ifc

IFC E&S Performance Standards

No abstract provided.

Sex, Lies, And Clients: From Bill Clinton To Oscar Wilde, Steven Lubet

ExpressO

No abstract provided.

Aug. 2, 2004, Ifc, Comments Of Essd And Leg Relating To Safeguard Policy Revision, Ifc

IFC E&S Performance Standards

No abstract provided.

The Jurisdiction Of Justice: Two Conceptions Of Political Morality, Larry Alexander

San Diego Law Review

My topic in this essay is a major fault line within normative theory. More precisely, it is a major fault line within that part of a normative theory that deals with the content of our moral obligations to others. When I refer to moral obligations here, I am referring to those acts that morality demands of us such that it permits force or its threat to be employed to secure those acts. Moral obligations as I use the term are thus candidates for legal enforcement. I argue that much of what is debated within liberal political/moral theory can be usefully …

Jul. 14, 2004 Ifc, Memo To Code Board Re Safeguard Policy Rev., Ifc

IFC E&S Performance Standards

No abstract provided.

Exceptions, Lawrence Raful

Scholarly Works

No abstract provided.

Fletcher's Rethinking: A Memoir, Kyron J. Huigens

Articles

No abstract provided.

Jun. 4, 2004, Wbg, Striking A Better Balance, The Final Report Of The Extractive Industries Review, Wbg

IFC E&S Performance Standards

No abstract provided.

Understanding New Hampshire’S Rule 4.2 As Applied To Corporate Litigants: An Explanation And Suggestions For Improvement, Heather Menezes

The University of New Hampshire Law Review

[Excerpt] “Consider this scenario: an attorney represents a client in litigation against a corporation. The attorney gets a call from an employee of that corporation and the employee says, “Everything in your complaint is absolutely correct.” However excited the attorney is to speak with this person, the Rules of Professional Conduct constrain whom the attorney can talk to if a corporation is involved in the pending litigation. In New Hampshire, any attorney can quickly find that Rule 4.2 prohibits contact with a represented party.1 But is this corporate employee a represented party? Even after reading the comment to the rule …

The Higher Calling: Regulation Of Lawyers Post-Enron, Keith R. Fisher

University of Michigan Journal of Law Reform

This Article discusses some of the inadequacies in the current ethical regulation of the legal system and proposes a new approach to crafting and contextualizing rules of legal ethics. The proliferation of specialties and subspecialties in law practice, together with the inadequacies of prevailing ethics regulation and the vagaries of ethics rules formulations from state to state have not served either the public or the legal profession well. Manipulation, motivated by politics and self-interest, of the ideology of the organized bar to adhere to ethical rules predicated on an antiquated and unrealistic model of a unified legal profession has likewise …

Medical Malpractice And Contract Disclosure: An Equilibrium Model Of The Effects Of Legal Rules On Behavior In Health Care Markets, Kathryn Zeiler

Faculty Scholarship

This paper develops a theoretical model of how specific legal rules affect the types of contracts managed care organizations ("MCOs") use to compensate physicians. In addition, the analysis provides insights into how physician treatment decisions and the rate of medical malpractice lawsuits react to different legal rules. In particular, the model predicts that outcomes in jurisdictions forcing MCOs to disclose physician contract terms to patients differ from those that do not. Contracts vary depending on the disclosure rule and how treatment costs relate to expected damages and litigation costs. Moreover, the model predicts that jurisdictions forcing contract disclosure observe higher …