Legal Ethics and Professional Responsibility Commons^™

Law, Ethics, And Religion In The Public Square: Principles Of Restraint And Withdrawal, Samuel J. Levine

Scholarly Works

In recent years, scholars have begun to recognize and discuss the profound questions that arise in attempting to determine the place of religion in the law and the legal profession. This discussion has emerged on at least two separate yet related levels. On one level, scholars have debated the place of religion in various segments of the public sphere, including law and politics. On a second level, lawyers have expressed the aim to place their professional values and obligations in the context of their overriding religious obligations. This article explores, from both an ethical and jurisprudential perspective, the question of …

Multiple Directorships: The Fiduciary Duties And Conflicts Of Interest That Arise When One Individual Serves More Than One Corporation, 33 J. Marshall L. Rev. 561 (2000), John K. Wells

UIC Law Review

No abstract provided.

Retaliatory Discharge For Attorney-Employees In Private Practice: To Do, Or Not To Do, The Right Thing, 33 J. Marshall L. Rev. 383 (2000), Terri Martin Kirik

UIC Law Review

No abstract provided.

Robert Kratovil Memorial Seminar In Construction Law - Multidisciplinary Practice: A Construction Law Perspective, 33 J. Marshall L. Rev. 413 (2000), Christopher L. Noble

UIC Law Review

No abstract provided.

Teaching Professional Responsibility In Legal Clinics Around The World, Leah Wortham

Scholarly Articles

At a March 1999 Colloquium on Clinical Legal Education,1 a group of about 20 people, including a number of law faculty already teaching or planning to teach legal clinics in Central and Eastern Europe and the former Soviet Union , were asked, "What are the goals that you think are most important for a legal clinic?" The most common answers were teaching about ethics and improving the ethical standards of law practice in participants' respective countries through this focus in legal education.

What Do You Do When You Meet A "Walking Violation Of The Sixth Amendment" If You're Trying To Put That Lawyer's Client In Jail?, Vanessa Merton

Elisabeth Haub School of Law Faculty Publications

For the purpose of this article, the relevance of my experience as a criminal defense attorney is this: if ever one might expect to find a prosecutor inclined to err on the side of fairness of process and protecting the rights of defendants, it ought to be me. Also, for more than twenty years, I have been something of a professional ethicist--as research fellow, teacher, staff member of an ethics center, chair and/or member of several institutional review boards, pro bono trial counsel to a disciplinary committee, ethics consultant, and expert witness--and, therefore, one might think, especially susceptible to the …

Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love

Fordham Urban Law Journal

A discussion of the President's ability to grant Federal Pardons, and the moral and political factors which influence the exercise of that power. The article proposes that the President has a duty to pardon, not so much as to do justice in particular cases, but to be merciful as a more general obligation of office.

Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love

Fordham Urban Law Journal

A discussion of the President's ability to grant Federal Pardons, and the moral and political factors which influence the exercise of that power. The article proposes that the President has a duty to pardon, not so much as to do justice in particular cases, but to be merciful as a more general obligation of office.

Lawyering For Social Change, Karen L. Loewy

Fordham Urban Law Journal

This Note explores the significance, legitimacy and methodology of lawyering for social change. It begins by examining lawyers' motives for entering into such work and the theoretical approaches toward political lawyering and the methodologies employed to effect change. It raises the question of whether it is justifiable for a lawyer to drive social change specifically considering his unique access to the legal system. The Note concludes that it is entirely legitimate for a lawyer to engage in work for social change in order to ensure that the rights of all people are protected whether through litigation, public education seminars, rallies, …

Is Meaningful Regulation Of Lawyers In Multidisciplinary Firms Possible?, Denise D. J. Roy

Faculty Scholarship

If the legal profession embraces multidisciplinary practice (MDP) and allows fee-sharing with nonlawyers, there is a risk that its values, independence, and professionalism will fall prey to market pressures and control by outsiders. On the other hand, rejecting MDP means risking losing business to the multidisciplinary firms already established. The question is whether there is a compromise that provides meaningful regulation of lawyers practicing in multidisciplinary firms.

The Corporate Attorney-Client Privilege: Loss Of Predictability Does Not Justify Crying Wolfinbarger, Paul Rice

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Criticizing The Courts: A Lawyer’S Duty (Iii), Roger J. Miner '56

Lawyers and the Legal Profession

No abstract provided.

Ethical Challenges To Legal Education And Conduct, James E. Moliterno

Faculty Publications

No abstract provided.

Litigators’ Ethics, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Supreme Court's Iolta Decision: Of Dogs, Mangers, And The Ghost Of Mrs. Frothingham, 30 Seton Hall L. Rev. 846 (2000), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Lawyer Role, Agency Law, And The Characterization Officer Of The Court , James A. Cohen

Faculty Scholarship

The law of agency has governed American lawyers since before the Revolution, but recent scholarship about legal ethics and professional role almost entirely ignores it. Most commentators would concede that attorneys are agents, but would quickly add that the lawyer is also an "officer of the court" who has obligations to seek justice. However, analysis of the phrase "officer of the court" reveals that it has surprisingly little content; it is mostly rhetoric, caused by self-love and self-promotion. What little content it has points to a role of the attorney as agent whose obligations to the court are almost identical …

Professional Responsibility, Nicholas Rine, Ly U. Meng

Books

The study of professional responsibility is, of course, critical to those who wish to practice as lawyers. Without a clear understanding of the expectations of the profession, no lawyer will function effectively. Beyond that simple practical need, however, new lawyers need to have a realistic perspective on the competence and the limitations of their profession.

But the study of legal ethics is a valuable undertaking even for those who have no intention of becoming lawyers. Many people see the legal system as a mysterious set of rituals which make little sense. (And that perspective is not completely unrealistic.) For any …

Ethics, Loyalty And Harm To Third Parties: A Debate Based On Spaulding V. Zimmerman, Lloyd B. Snyder, Scott Rawlings

Law Faculty Articles and Essays

This discussion poses the question: should an attorney ever provide information to an opposing party to prevent that party from suffering great harm if the information will have an adverse effect on the attorney's own client? The case that sets the stage for this discussion is Spaulding v. Zimmerman, 243 Minn. 346 (1962).

Princes Of Darkness And Angels Of Light: The Soul Of The American Lawyer, David R. Barnhizer

Law Faculty Articles and Essays

The increasing belief among many lawyers that life is comprised of "fear and greed and money" has altered the legal profession and helped make lawyers into one of the most feared and powerful groups in American society - and one of the most scorned. In the midst of the widespread contempt American society is showing lawyers, this article seeks to explain the special role the legal profession serves in our complex democracy. At the same time it condemns attitudes such as those reflected in Fritts' statement. The belief that life is driven by fear, greed, and money has created a …

Competent Appellate Advocacy And Continuing Legal Education: Fitting The Means To The End, D. Franklin Arey Iii

The Journal of Appellate Practice and Process

Competency is an important practice requirement. Appellate competency differs from other legal practices. This article presents CLE programs that promote appellate advocacy.

A Dialogue Concerning Heresies, Jack L. Sammons

Fordham Urban Law Journal

A modernization of St. Thomas More's famous 1529 "Dialogue Concerning Heresies." A fictional "Judge More" defends the legal profession against the zeal of legal ethicists.

A Dialogue Concerning Heresies, Jack L. Sammons

Fordham Urban Law Journal

A modernization of St. Thomas More's famous 1529 "Dialogue Concerning Heresies." A fictional "Judge More" defends the legal profession against the zeal of legal ethicists.

The Costs Of Confidentiality And The Purpose Of Privilege, Melanie B. Leslie

Articles

No abstract provided.

Training Mediators To Listen: Deconstructing Dialogue And Constructing Understanding, Agendas, And Agreements, Lela P. Love

Articles

This article examines the unique components of dialogue between disputing parties that mediators extract and reframe to move the discussion forward. The same components provide the building blocks of the discussion agenda and the framework of the mediation agreement. The article suggests a number of teaching strategies for training mediators to listen effectively and proactively.

Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P. Love, Kimberlee K. Kovach

Articles

When mediators try to resolve a controversy by providing their analysis of the legal – or other – merits, they are providing the service that judges, arbitrators and neutral experts provide. In essence, such endeavors use the neutral’s judgment, award or opinion to determine or jump-start a resolution. This article urges that this add-on activity to mediation should be called by its proper name. The essay highlights the advantages of calling "mediation plus evaluation" a mixed process and discusses the advantages of having an eclectic and diverse mix of processes from which parties and counsel can choose to promote party …

Public Declarations Of Professionalism Professionalism Symposium, Bruce A. Green

Faculty Scholarship

When it comes to the subject of "professionalism," there is a gap between the leaders of the organized bar and its members. Bar leaders are eager to discuss the subject. For example, this year's annual meeting of the American Bar Association ("ABA") afforded bar leaders, as well as legal academics, a host of opportunities to share strategies to promote "professionalism" and "professional values." The Section of Legal Education and Admissions to the Bar sponsored a program on "Professionalism in Law Schools and the Profession." Organizations representing bar executives, bar presidents, and bar foundations jointly presented a program called "Tough Talk, …

Should An Attorney Be Required To Advise Client Of Adr Options?, Marshall J. Breger

Scholarly Articles

In recent years alternative dispute resolution (ADR) has moved from the margins of legal practice into the mainstream. It is no longer the exception for attorneys to employ or clients to request ADR services in almost every aspect of legal representation. This shift to the legal mainstream raises the question whether attorneys, as part of their general obligation to keep clients informed of their legal alternatives, should be required to advise their clients regarding ADR options. This paper will consider this question. In doing so, it will consider, at least inferentially, the character and purpose of ethics "rules."

Virginia State Bar Committee To Study The Virginia Code Of Professional Responsibility: Substantive Differences Between The Virgina Rules Of Professional Conduct And The Code Of Professional Responsibility, Tom Spahn

Richmond Public Interest Law Review

The Virginia Rules of Professional Conduct contain provisions that: - require Virginia lawyers to take action that is not required under the Code; - prohibit conduct that is permitted by the Code; - permit conduct that is prohibited by the Code; and - permit conduct that is not explicitly permitted by the Code. The following lists describe these four categories of substantive changes. Each change refers to the applicable Rules provision, as well as the relevant Code provision (if any). For more detailed information, please refer to the Detailed Comparison Chart or to the Rules themselves.

Virginia State Bar Committee To Study The Virginia Code Of Professional Responsibility: Substantive Differences Between The Virgina Rules Of Professional Conduct And The Code Of Professional Responsibility, Tom Spahn

Richmond Journal of Law and the Public Interest

The Virginia Rules of Professional Conduct contain provisions that: - require Virginia lawyers to take action that is not required under the Code; - prohibit conduct that is permitted by the Code; - permit conduct that is prohibited by the Code; and - permit conduct that is not explicitly permitted by the Code. The following lists describe these four categories of substantive changes. Each change refers to the applicable Rules provision, as well as the relevant Code provision (if any). For more detailed information, please refer to the Detailed Comparison Chart or to the Rules themselves.

Abuse Of Confidentiality And Fabricated Controversy: Two Proposals, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

This article is framed as a discussion of two proposals for modifying the Model Rules. One would declare fabricated controversy to be out of bounds as a tactical tool. The other would expressly affirm that it is an abuse of confidentiality for lawyers to engage in strategies of partial-truth advocacy, to assert partial truths while deliberately holding back other information that the lawyer should know is needed in order not to mislead others. Both of these techniques, fabrication of controversy and partial-truth advocacy, tend to undercut the trial as a “search for truth” and both interfere with negotiations as a …