Legal Ethics and Professional Responsibility Commons^™

A Public View Of Attorney Discipline In Florida: Statistics, Commentary, And Analysis Of Disciplinary Actions Against Licensed Attorneys In The State Of Florida From 1988-2002, Debra Curtis, Billie Jo Kaufman

Faculty Scholarship

This article is intended to serve as a commentary and analysis of a public-eye view of disciplinary actions taken against licensed attorneys in the State of Florida during the past 15 years. The idea for this statistical review arose in 2002, prompted by discussions regarding self-regulation of various professions following the many corporate scandals then playing out in the headlines. Through these discussions, Professors Curtis and Kaufman developed the idea of looking at empirical data--from the Florida Bar to determine how the disciplinary system treated Florida lawyers.

Can I Call Kimura Crazy?: Ethical Tensions In The Cultural Defense, Rashmi Goel

Sturm College of Law: Faculty Scholarship

Using the tragic case of Fumiko Kimura as a back drop, the author discusses the impact of culture on defendants and argues for a client-centered approach that considers the client beyond the walls of their legal issue. The author concludes her article with a discussion of legal ethics, advocating for a more well rounded vision of the client that includes both legal and cultural interests.

To: [email protected]: Privilege At Risk?, 23 J. Marshall J. Computer & Info. L. 75 (2004), Dion Messer

UIC John Marshall Journal of Information Technology & Privacy Law

As more attorneys now days use the e-mail as their primary source of communication with their clients, new issues arise regarding the potential threat to attorney-client communication privilege resulting from the standard and systematic employer monitoring of their employees e-mails. Indeed employers monitor their employees’ computer use and in some cases terminate employees as result of this monitoring, for various reasons such as to increase of employee productivity and efficiency, protect their public image, prevent workplace harassment, protect their Intellectual Property assets and their network capacity. Given the systematic workplace monitoring but also the fact that contrary to the American …

To Discountenance The Haughty And The Lawless: The Ethics Of Dealing With Bad Clients, Donald L. Burnett Jr.

Articles

No abstract provided.

Sec Enforcement Of Attorney Up-The-Ladder Reporting Rules: An Analysis Of Institutional Constraints, Norms And Biases, Michael A. Perino

Villanova Law Review (1956 - )

No abstract provided.

Lawyers In The Moral Maze, Mark A. Sargent

Villanova Law Review (1956 - )

No abstract provided.

Undated (2004), Cso Gap Analysis Of Ifc Proposed Pss, Ifc

IFC E&S Performance Standards

No abstract provided.

Undated (2004), Csos, Draft V1 Of Gaps Analysis, Ifc

IFC E&S Performance Standards

No abstract provided.

2004 (Undated), Notes Of D. Hunter Re Cao Case Updates, Cao

CAO General 1999-Present

No abstract provided.

Misconduct By Law Professors: Why It Matters, Lisa G. Lerman

Scholarly Articles

No abstract provided.

Cooperation And Self-Interest Are Strange Bedfellows: Limited Waiver Of The Attorney-Client Privilege Through Production Of Privileged Documents In A Government Investigation, Ashok M. Pinto

West Virginia Law Review

No abstract provided.

Leaders, Followers, And Free Riders: The Community Lawyer's Dilemma When Representing Non-Democratic Client Organizations, Michael Diamond, Aaron O'Toole

Fordham Urban Law Journal

This article explores various aspects of the dissonance between the democratic ideal and the reality of groups in disenfranchised and disempowered communities. The authors discuss the intersection of democracy and community action by examining the sociology of groups and the social psychology of leaders and followers. They also examine the role of, and choices presented to, an attorney working in a community and for a local community group.

Learning From Practice: What Adr Needs From A Theory Of Justice, Kate Kruse

Faculty Scholarship

Adding to the impressive body of work that has made her a leading voice in the fields of both alternative dispute resolution and professional responsibility, Carrie Menkel-Meadow's Saltman Lecture connects the theoretical exploration currently occurring on two parallel tracks: (1) theories of justice that investigate the ideal of a deliberative democracy; and (2) theories of alternative dispute resolution arising from its reflective practice. As she notes, theorists on both tracks are grappling with similar questions about the processes or conditions that will best bring together parties with widely divergent viewpoints to consensus-building dialogue around contested issues.

While Menkel-Meadow focuses on …

Professionalism's Second Wave: A Sampling Of Issues Arising Within Legal Education, Donald L. Burnett Jr.

Articles

No abstract provided.

Rethinking Attorney Liens: Why Washington Attorneys Are Forced Into "Involuntary" Pro Bono, Zach Elsner

Seattle University Law Review

After a brief discussion of the history of the attorney lien in Part II, Part III discusses the basic rules governing the attorney lien in Washington. Part IV of this Comment discusses the various limitations on attorney liens and how those limitations have discouraged use or encouraged misuse of the statute. Part IV begins with a discussion of general professional responsibility concerns and continues with withdrawal and termination as they relate to attorney liens. Part IV concludes the Comment with a discussion of the inconsistencies of the retaining lien and a discussion of the various limitations on the charging liens.

Law, Human Rights, Realism And The “War On Terror”, J. Peter Pham

Human Rights & Human Welfare

A review of:

The Lesser Evil: Political Ethics in an Age of Terror by Michael Ignatieff. Princeton: Princeton University Press, 2004. 212pp.

Lisa Schechtman On Social Work And Human Rights: A Foundation For Policy And Practice By Elisabeth Reichert. New York: Columbia University Press, 2003. 295pp., Lisa Schechtman

Human Rights & Human Welfare

A review of:

Social Work and Human Rights: A Foundation for Policy and Practice by Elisabeth Reichert. New York: Columbia University Press, 2003. 295pp.

Legal And Ethical Duties Of Lawyers After Sarbanes-Oxley, Roger C. Cramton, George M. Cohen, Susan P. Koniak

Villanova Law Review (1956 - )

No abstract provided.

Recent Case: Pennsylvania Commonwealth Court Holds That A Lawyer May Be Liable For Malpractice For Failure To Ensure That A Mortgage Is Properly Filed And Indexed, Anthony Faranda-Diedrich

Villanova Law Review (1956 - )

No abstract provided.

Remembrance Of Things Past? The Relationship Of Past To Future In Pursuing Justice In Mediation, Carrie J. Menkel-Meadow

Cardozo Journal of Conflict Resolution

What must be remembered and acknowledged before we can move forward to create a future together, whether individually or collectively? Or, as Avishai Margalit has recently put it, is there an ethics of memory - must some things be remembered; what can be forgiven or forgotten in a moral sense? I have long been worried about the emphasis in mediation to focus on the future, to seek ''solutions" to problems in which the parties are guided to "move forward," even while "reorienting the parties to each other," in crafting a more productive relationship. With the growing use and adaptation of …

Religious Lawyering In A Liberal Democracy: A Challenge And An Invitation William A. Brahms Lecture On Law & Religion, Russell G. Pearce

Faculty Scholarship

At a time when many believe that law is no longer a noble profession, many lawyers see no reason to devote time and energy to promoting the public good. Religious lawyering may offer a powerful antidote: a robust framework for lawyers to integrate into their professional lives their most deeply rooted values, perspectives and critiques, and persuasive reasons to improve the quality of justice and work for the common good. At its best, religious lawyering echoes Martin Luther King's advice to the street sweeper. How wonderful it would be, indeed, if we practiced law so well that the host of …

Is Sue And Be Sued Language A Clear And Unambiguous Waiver Of Immunity., A. Craig Carter

St. Mary's Law Journal

Because “sue and be sued” language is ambiguous at best, courts should not find that this language is a waiver of immunity. Under Texas law, governmental entities—including the state, its agencies, and political subdivisions—are entitled to sovereign immunity from both suit and liability. For sovereign immunity to be applicable to governmental entities, sovereign immunity applies unless the legislature has clearly and unambiguously waived it. Although numerous Texas appellate courts have held that “sue and be sued” language is a waiver of sovereign immunity, the Texas Supreme Court has squarely addressed the issue only once, in Missouri Pacific Railroad Co. v. …

The Texas Courts' Adventures In Locating Texas Coastal Boundaries: Redrawing A Line In The Sand: Kenedy Memorial Foundation V. Dewhurst Defining An Exception To Luttes V. State., Thomas M. Murray

St. Mary's Law Journal

Kenedy Memorial Foundation v. Dewhurst determined the boundary of the Laguna Madre by narrowing the scope of the exception found in Luttes v. State. Luttes established the “mean high tide” test (MHHT), which governs lands controlled by civil law. The MHHT determines a boundary by the mean of the high tide without regard to a summer or winter tide. The exception, however, does not require the application of the MHHT in areas in which tidal gauges could not be used accurately. The Laguna Madre is a shallow strip of water, ranging between three and five miles in width, running between …

A National Tax Bar: An End To The Attorney-Accountant Tax Turf War., Katherine D. Black, Stephen T. Black

St. Mary's Law Journal

Abstract Forthcoming.

The Law's Hard Choice: Self-Inflicted Injustice Or Lawyer-Inflicted Indignity, Christopher Johnson

Kentucky Law Journal

No abstract provided.

The Lawyer As Public Citizen: Meeting The Pro Bono Challenge, Irma S. Russell

Faculty Law Review Articles

This article discusses the importance of attorneys fulfilling the role of "public citizen" by helping to provide legal services to those unable to pay and how Model Rule 61. on pro bono service articulates this role.

Are Women More Ethical Lawyers – An Empirical Study, Patricia W. Moore, Kevin M. Simmons

Faculty Articles

We first noticed a possible "gender gap" in attorney discipline when we ran across the Oklahoma Disciplinary Commission's annual report for the year 2000. Women currently constitute 27% of Oklahoma attorneys, but 0% of the disciplined attorneys—none of the seventeen named—were women. Wondering whether the Oklahoma figures were aberrational, we attempted to locate research concerning gender and attorney discipline. But there have been few such studies, although “[p]robably no issue in the social sciences receives more attention than the difference between men and women.”

We thus embarked upon a national study of disciplinary actions decided in 2000. After collecting, coding, …

Smart Ethics: Ethical Considerations In Promoting Smart Growth Principles, Patricia E. Salkin

Scholarly Works

No abstract provided.

Commitment And Responsibility: Modeling And Teaching Professionalism Pervasively, Marjorie A. Silver

Scholarly Works

No abstract provided.

Ethical World Of Solo And Small Law Firm Practitioners, The, Leslie Levin

Faculty Articles and Papers

No abstract provided.