Legal Ethics and Professional Responsibility Commons^™

Limiting Secret Settlements By Law, David Luban

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Pragmatic Professionalism: An Exercise In Applied Ethics, Amy R. Mashburn

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Plaintiffs' Class Action Attorneys Earn What They Get, Patricia M. Hynes

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Innovative Legal Billing, Alternatives To Billable Hours And Ethical Hurdles, Ronald D. Rotunda

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

When Is A Social Worker As Well As A Lawyer Needed, Jack B. Weinstein

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Informal Debate Between Michael Horowitz And Jonathan A. Weiss On Funding Legal Services, Michael Horowitz, Jonathan A. Weiss

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

An Informal Discussion On Legal Ethics, Charles W. Wolfram, Ronald D. Rotunda, Burnele V. Powell, Carol M. Langford, Roy Simon

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Comments On Professionalism, John M. Walker Jr.

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Informal Remarks On Professionalism, Burnele V. Powell

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Corporate-Family Conflicts, Charles W. Wolfram

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

A Primer On Mdps: Should The No Rule Become A New Rule, Laurel Terry

Faculty Scholarly Works

This article is the second of four major articles or book chapters that I have written about MDPs. "MDPs" refers to multidisciplinary partnerships or multidisciplinary practices between lawyers and nonlawyers. Prior to 1998, virtually all U.S. states had lawyer discipline rules that prohibited a lawyer from sharing legal fees with a nonlawyer or practicing law in partnership with a nonlawyer. In 1998, however, the American Bar Association created a Commission on Multidisciplinary Practice to reconsider these rules. One impetus for the creation of this Commission was the increasingly large numbers of lawyers who were working for the Big 5 Accounting …

Professionalism: Restoring The Flame, Donald L. Burnett Jr.

Articles

No abstract provided.

Notary's Duty Of Care For Indentifying Document Signers, 32 J. Marshall L. Rev. 1003 (1999), Peter J. Van Alstyne

UIC Law Review

No abstract provided.

Professional And Ethical Issues In Legal Externships: Fostering Commitment To Public Service, Lisa G. Lerman

Scholarly Articles

In this Article, I explore the larger issue of professional choices presented to law student externs. Then I explore some of the particular ethical dilemmas that law students and their teachers encounter in externship programs.

A Proposal To Require Lawyers To Disclose Information About Procedural Matters, William H. Fortune

Kentucky Law Journal

No abstract provided.

The Lawyer's Duty To Disclose Material Facts In Contract Or Settlement Negotiations, Nathan M. Crystal

Kentucky Law Journal

No abstract provided.

Religion And The Public Defender, Sadiq Reza

Fordham Urban Law Journal

This essay argues that the public defender should not undertake, or fail to undertake, any action to the legal detriment of a client on the basis of a conflict the attorney perceives between religious and professional responsibility, except for imminent death or serious bodily harm to another. Having accepted the responsibility of representing indigent criminal defendants, the public defender is duty-bound to not compromise that responsibility for competing religious obligations. This argument rests on four premises: (1) the public defender occupies a unique position in our legal system, and options available to private interest lawyers or other clients should not …

Attorney-Client Privilege: Continuing Confusion About Attorney Communications, Drafts, Pre-Existing Documents, And The Source Of The Facts Communicated, Paul Rice

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Lawyers' Duty To Do Justice: A New Look At The History Of The 1908 Canons, Susan Carle

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The National Association Of Honest Lawyers: An Essay On Honesty, "Lawyer Honesty" And Public Trust In The Legal System, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

The growing public disquiet about lawyer ethics is not mainly because people think lawyers neglect their professional standards. Rather, the main problem is the belief among lawyers that the duty of loyalty to clients requires a lawyer to mislead. Specifically, the ethical duty of confidentiality and the ethical duty of zealous advocacy are interpreted together to mean that lawyers must conceal some facts (‘confidentiality‘) while forcefully asserting others. This mis-coupling of these two key ethical duties has an inevitable tendency to produce a kind of partial-truth advocacy in which the lawyer knowingly distracts attention from the truth and fosters misconceptions …

Blue-Chip Bilking: Regulation Of Billing And Expense Fraud By Lawyers, Lisa G. Lerman

Scholarly Articles

This study of recent cases of billing and expense fraud confirms the views of David Wilkins, Ted Schneyer, and many other scholars that the disciplinary system performs only one of several needed regulatory functions. The cases demonstrate the need for public and private regulatory responses that not only receive and investigate complaints, but also provide education, prevention, proactive monitoring, and remediation. Lawyers who engage in billing and expense fraud should be fired, disbarred, prosecuted on criminal charges, sued for malpractice. If the public and private organizations that can attend to this problem take it seriously, the norms in the legal …

Rationing Justice—What Thomas More Would Say, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Kosovo, Casualty Aversion, And The American Military Ethos: A Perspective, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

The Crime-Fraud Exception To The Attorney-Client Privilege In The Context Of Corporate Counseling, H. Lowell Brown

Kentucky Law Journal

No abstract provided.

A Proposed Code Of Ethics For Employers And Customers Of Notaries: A Companion To The Notary Public Code Of Professional Responsibility, 32 J. Marshall L. Rev. 887 (1999), John C. Anderson, Michael L. Colsen

UIC Law Review

No abstract provided.

Rethinking The Way Law Is Taught: Can We Improve Lawyer Professionalism By Teaching Hired Guns To Aim Better?, W. William Hodges

Kentucky Law Journal

No abstract provided.

Competent Legal Writing - A Lawyer's Professional Responsibility, Debra R. Cohen

Journal Articles

The legal profession is constantly evolving to keep pace with our increasingly complex society.' Today, the legal profession "is larger and more diverse than ever before." Despite this transformation, "the law has remained a single profession identified with a perceived common body of learning, skills and values." This common body of learning, skills, and values constitutes the fundamental elements of competent representation. Writing is one of the essential skills of competent representation.

"Law is a profession of words." Lawyers use words, both written and oral, in a wide array of contexts-to advise, to advocate, to elicit information, to establish legal …

Loss Of Earning Capcity Benefits In The Community Property Jurisdiction - How Do You Figure., Aloysius A. Leopold

St. Mary's Law Journal

In the interest of uniformity, benefits for the loss of earning capacity should be subject to the same legal principle when determining marital property rights, regardless of the context in which those rights arise. However, courts throughout the United States have relied upon four different methods to determine title to loss of earning capacity benefits upon divorce. These approaches include the unitary approach, the analytic approach, the mechanistic approach, and the case-by-case approach. Because the determination of title to benefits varies tremendously, the need for certainty in this area of the law is necessary particularly in light of the Texas …

A Proposal To Require Lawyers To Disclose Information About Procedural Matters, William H. Fortune

Law Faculty Scholarly Articles

In the absence of a rule clearly requiring disclosure, a lawyer is obligated not to disclose information which is adverse to the interests of a client. However, judges should be able to expect lawyers to disclose information about procedural matters. This Article argues that Model Rule of Professional Conduct 3.3 should be amended to require disclosure of information about procedural matters. Part I describes the events in Potter v. Eli Lilly & Co., a case involving a secret settlement related to Prozac. Part II makes the argument for a rule requiring disclosure of procedural information. Part III describes how …