Legal Ethics and Professional Responsibility Commons^™

Contrived Ignorance, David Luban

Georgetown Law Faculty Publications and Other Works

Lawyers often complain that it's hard to get clients to tell them the unvarnished truth. But it can be an equal challenge to avoid facts that the lawyer really doesn't want to know. Criminal defense lawyers rarely ask their clients, "Did you do it?" Instead, they ask the client what evidence he thinks the police or prosecution have against him-whom he spoke with, who the witnesses are, what documents or physical evidence he knows about. If the client seems too eager to spill his guts, the lawyer will quickly cut him off, admonishing him that time is short and that …

Should A Christian Lawyer Sign Up For Simon's Practice Of Justice?, Thomas L. Shaffer

Journal Articles

In The Practice of Justice, Professor William H. Simon describes justice in a way that differs from the way the Bible describes justice. The big difference is not so much what justice requires (although there is some difference there) as (i) how people decide what justice requires, and (ii) who the "people" are who decide what justice requires. Some of us Christians claim to understand "justice" as the Bible understands it. It may make a difference that, for biblical people, "justice" is righteousness, and righteousness, the Torah teaches, and Rabbi Hillel teaches, and Rabbi Jesus teaches, is practice following upon …

Legal Ethics And A Civil Action, Kevin E. Mohr

Seattle University Law Review

This Article shows how A Civil Action can be used to supplement a course in Professional Responsibility. A Civil Action contains many events that can similarly be used to introduce students to ethical dilemmas they will confront when they enter the profession. These events can breathe life into otherwise dry discussions of acceptable ethical behavior as set out in ethical codes. In accord with the Lessons from Woburn Project's goal to make A Civil Action and its associated materials into a powerful teaching tool, the book's events vividly illustrate the ethical parameters within which a lawyer must operate, ethical parameters …

Dead Man Talking: Competing Narratives And Effective Representation In Capital Cases Essay., Jeffrey J. Pokorak

St. Mary's Law Journal

As Karl Hammond’s case indicates, to serve justice, balance between the Kill Story and Human Story is necessary in a capital trial. This Essay seeks, through deconstruction of Karl Hammond’s case, to identify and illustrate the values of telling these combating stories. Part III describes the Kill Story and the Human Story in Karl’s case from the record of his trial, appeals, and petitions. Part III also demonstrates how the failure to tell one side of the story in either the guilt-innocence phase or the punishment phase can have a prejudicial effect on the jury’s decision. Part IV then discusses …

The Lautenberg Amendment: Congress Hit The Mark By Banning Firearms From Domestic Violence Offenders Comment., Polly Mccann Pruneda

St. Mary's Law Journal

Immediate action is critical to preserve the goals of the Lautenberg Amendment to protect victims of domestic violence from future abuse and their abusers. Incidents of gun-related domestic violence are not uncommon in the United States. Statistics show that domestic violence takes one life every three days and the combination of guns and domestic violence cause more deaths than incidents which are not associated with guns. In 1996, Congress attempted to find a solution to this problem. The Lautenberg Amendment, enacted pursuant to Congress’ Commerce Clause power, seeks to protect individuals from gun related injury or death occurring within domestic …

The Zealous Advocacy Of Justice In A Less Than Ideal Legal World, Robin West

Georgetown Law Faculty Publications and Other Works

In The Practice of Justice, William Simon addresses a widely recognized dilemma -- the moral degradation of the legal profession that seems to be the unpleasant by-product of an adversarial system of resolving disputes -- with a bold claim: Lawyers involved in either the representation of private rights or the public interest should be zealous advocates of justice, rather than their clients' interests. If lawyers were to do what this reorientation of their basic identity would dictate -- that is, if lawyers were to zealously pursue justice according to law, rather than zealously pursue through all marginally lawful means whatever …

Beyond Black And White: Selected Writings By Asian Americans Within The Critical Race Theory Movement Perspective., Harvey Gee

St. Mary's Law Journal

A new generation of progressive intellectuals has evolved, attempting to transform the manner in which law, race, and racial power are understood and discussed in America. The latter half of the twentieth century proved to be a time of profound demographic changes. Racial and political reform policies of the post-modern Civil Rights Movement failed to fully respond to these dramatic social changes. A theory was created to address social racism because the “color-blind” model posited by the Supreme Court of the United States perpetuated racism by supporting the existing hierarchy. Critical Race Theory attempts to tackle these dramatic social changes …

Splitting The Atom Or Splitting Hairs - The Hate Crimes Prevention Act Of 1999 Note., Andrew M. Gilbert, Eric D. Marchand

St. Mary's Law Journal

Problems of bias-motivated violence plague our nation and threaten to erase the progress made during the civil rights era. Recent statistical surveys conducted by the Federal Bureau of Investigation (FBI) indicate the number of hate crimes has generally increased over the past few years. In 1996, over 11,000 individuals were victims of hate crimes—five percent more than reported the previous year. Hate crimes are not only injurious to the individual victim, but also fracture surrounding communities and create disharmony among citizens. As a result, some states implemented legislation in the 1980s to deter hate-motived crimes and a few states have …

Ex Post Facto Payments In Legally-Aided Criminal Cases In The Old Bailey, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

A much more pervasive scheme for overseeing the reasonableness of fees charged by legal professionals exists in England than in the United States. In England, for example, with or without a specific agreement over the fee, the client can challenge the solicitor's charges, and the court or the Law Society will assess their reasonableness.' Similarly, as part of assigning costs to the losing party, the reasonableness of the winning solicitor's claim for fees is evaluated. The lay client can even dispute the reasonableness of the barrister's fee after the fact.

In the United States, by contrast, lawyers hammer out agreements …

Representing Indigents In Serious Criminal Cases In England's Crown Court: The Advocates' Performance And Incentives, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

While indigent defendants charged with serious criminal offenses can be represented by lawyers in the United States and by barristers and solicitors in England and Wales. Gauging the quality of that help is an important but elusive inquiry. This article has two purposes: to map how the indigent criminal defendant charged with very serious offenses is represented in England's Crown Court, and to examine whether economic incentives can induce the defendant's representatives to perform as expected.

While barristers profess to be skilled advocates, and while many lawyers have likewise extolled the barrister's advocacy, testing the point is extremely difficult. Apart …

Shortage And Tension On The Upper Rio Grande: Protecting Endangered Species During Times Of Drought, Comments From The Perspective Of The Middle Rio Grande Conservancy District, Maria O'Brien

Faculty Scholarship

Looking back at the drought of 1996 and at the efforts to protect endangered species in the midst of the drought, the most glaring fact remains that the water managers and users of the Rio Grande were in crisis management. In fact, despite some efforts, if the drought had manifested with equal or greater intensity in 1997, we would have remained in crisis management. Hence, as we move forward and examine lessons learned, the most vital premise we must return to is the imperative for balance as we undertake the precarious task of allocating water to protect endangered species, serve …

Possible Solutions: Policy Tools To Achieve Flexibility To Meet New Conditions, Preliminary Thoughts For Coping With Future Droughts, Maria O'Brien

Faculty Scholarship

The following comments are premised on the author's experience with the Middle Rio Grande Conservancy District (Conservancy) in New Mexico and its endeavor to implement a water banking system. Background information about the Conservancy is helpful for an understanding of its efforts at water banking.

Contesting Government's Financial Interest In Drug Cases, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

In 1984, the civil asset forfeiture law was amended to allow the U.S. Department of Justice (DOJ) and state law enforcement agencies to retain many of the "drug-related assets" they seize for their own law enforcement purposes. Under this amendment, some local law enforcement agencies have managed to double or triple their appropriated budgets by targeting such assets. As former Attorney General Richard Thornburgh has noted, "it's now possible for a drug dealer to serve time in a forfeiture-financed prison after being arrested by agents driving a forfeiture-provided automobile while working in a forfeiture-funded sting operation." The American people, however, …

What Is The Common Good, And Why Does It Concern The Client's Lawyer?, John M. Finnis

Journal Articles

Why is anything of real concern to any of us? Because, besides our simply emotional motives, we have reasons for action (which may be supported or opposed by our emotions). What are reasons for action? Some are instrumental, means to further ends: I have reason to start reading this paper to you, and you had reason to come back into the room to hear it. What reasons? Well, doing so is my contribution to this symposium's reflection on its subject-matter. That reflection, in turn, is intended to be instrumental in promoting a wider and deeper understanding of an important set …

Endangering Individual Autonomy In Choice Of Lawyers And Trustees–Misconceived Conflict Of Interest Claims In The Kamehameha Schools Bishop Estate Litigation, James R. Mccall

Faculty Scholarship

No abstract provided.

Comment On Professor Roth's Reply, James R. Mccall

Faculty Scholarship

No abstract provided.

A Basic Concern For Process: Commentary On Quo Vadis, Prospective Overruling, James R. Mccall

Faculty Scholarship

No abstract provided.

Minnesota V. Philip Morris, Inc.: An Important Legal Ethics Message Which Neglects The Public Interest In Product Safety Research, James R. Mccall, Edward J. Imwinkelried

Faculty Scholarship

No abstract provided.

1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin

Scholarly Works

No abstract provided.

Confidentiality, Conflict Of Interest And Tax Professionals, James P. Holden

William & Mary Annual Tax Conference

No abstract provided.

Dec. 1998, Ifc, Procedure On Envt & Social Review, Ifc

IFC E&S Performance Standards

No abstract provided.

A Quasi-Attorney-Client Privilege--West Virginia's Mislabeled Fiduciary Duty Exception, Paul R. Rice

West Virginia Law Review

No abstract provided.

Nov. 1998, Ifc, Pest Management, Op 4.09, Ifc

IFC E&S Performance Standards

No abstract provided.

Nov. 1998, Ifc, Projects On International Waterways, Op 7.50, Ifc

IFC E&S Performance Standards

No abstract provided.

Nov. 1998, Ifc, Projects On International Waterways, Op 7.50, Ifc

IFC E&S Performance Standards

No abstract provided.

Prying, Spying, And Lying: Intrusive Newsgathering And What The Law Should Do About It, Lyrissa Barnett Lidsky

UF Law Faculty Publications

The media’s use of intrusive newsgathering techniques poses an increasing threat to individual privacy. Courts currently resolve the overwhelming majority of conflicts in favor of the media. This is not because the First Amendment bars the imposition of tort liability on the media for its newsgathering practices. It does not. Rather, tort law has failed to seize the opportunity to create meaningful privacy protection. Most torts that affect newsgathering protect privacy only incidentally, and the tort of intrusion, which addresses newsgathering more directly, has been interpreted so narrowly that it provides little or no protection from the most common types …

Nov. 1998, Ifc, Forestry, Op. Proc. 4.36, Ifc

IFC E&S Performance Standards

No abstract provided.

Nov. 1998, Ifc, Natural Habitats, Op 4.04, Ifc

IFC E&S Performance Standards

No abstract provided.

Professional Secrecy And Its Exceptions: Spaulding V. Zimmerman Revisited, Roger C. Cramton, Lori P. Knowles

Cornell Law Faculty Publications

No abstract provided.

Oct. 1998, Ifc, Environmental Assessment, Op. Proc. 4.01 And Annexes, Ifc

IFC E&S Performance Standards

No abstract provided.