Legal Ethics and Professional Responsibility Commons^™

Competition In Telecommunications, Oregon Law Institute, Michael T. Weirich, Charles L. Best, Arthur Butler, David C. Olson, Walter Hyer, Simon J. Ffitch, Bradley F. Tellam

Oregon Law Institute, 1998

Course Materials from the February 6, 1998 Program in Portland

The Purposes Of Legal Ethics And The Primacy Of Practice, Robert P. Burns

William & Mary Law Review

No abstract provided.

Less Is More: Teaching Legal Ethics In Context, Bruce A. Green

William & Mary Law Review

No abstract provided.

On Teaching Legal Ethics With Stories About Clients, Thomas L. Shaffer

William & Mary Law Review

No abstract provided.

Teaching Moral Perception And Moral Judgment In Legal Ethics Courses: A Dialogue About Goals, Lisa G. Lerman

William & Mary Law Review

No abstract provided.

The Professionalism Problem, Deborah L. Rhode

William & Mary Law Review

No abstract provided.

Teaching Professional Responsibility In The Future: Continuing The Discussion, Teresa Stanton Collett

William & Mary Law Review

No abstract provided.

Practice Setting As An Organizing Theme For A Law And Ethics Of Lawyering Curriculum, James E. Moliterno

William & Mary Law Review

No abstract provided.

The Institutional Barriers And Advantages Panel, Michael Millemann

William & Mary Law Review

No abstract provided.

The Attorney-Client Privilege And The Work-Product Doctrine In Michigan, D. A. Celphane, Barbara Mcquade, Leonard Niehoff, Daniel P. Malone

Books

In Upjohn Co v. United States, the United States Supreme Court acknowledged that the attorney-client privilege - the "oldest of the privileges for confidential communications known to the common law" - has the crucial purpose of "encourag[ing] full and frank communication between attorneys and their clients and thereby promote[s] broader public interests in the observance of law and administration of justice." Similarly, in Hickman v Taylor, the Court stressed the importance of the work-product doctrine, noting that "[n]ot even the most liberal of discovery theories can justify unwarranted inquiries into the files and the mental impressions of an attorney." …

Teaching Ethics Seriously: Legal Ethics As The Most Important Subject In Law School, Russell G. Pearce

Loyola University Chicago Law Journal

No abstract provided.

An Instrumetnal Interpretation Of Model Rule 1.7(A) In The Corporate Family Situation: Unintended Consequences In Pandora's Box, Stephen E. Kalish

McGeorge Law Review

No abstract provided.

Differentiating Regulation Of Public And Private Institutions: A Preliminary Inquiry, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

Twenty years ago, James Q. Wilson and Patricia Rachal argued that government cannot regulate itself. In an era of revived federalism, increased reliance on contractors, and proliferation of quasi-public organizations, the importance of government self-regulation is greater than ever. This paper tests an underlying assumption of Wilson and Rachal's claim: that regulation of public and private organizations can be differentiated. Employing a meta-research design, this pilot study uses existing regulatory case studies to create "regulatory relationship profiles" for public and private organizations. These profiles include information on the structure of the regulator, the intent of the regulation, the enforcement tools …

The Morality Of Choice: Estate Planning And The Client Who Chooses Not To Choose, Janet L. Dolgin

Seattle University Law Review

The Symposium focuses around two hypotheticals. The question posed about each-whether it is ethical for an estate lawyer to represent spouses, one of whom chooses subservience to the interests of the other-provokes discussion of a broad set of concerns about the scope and meaning of the contemporary family, and about the appropriate parameters of legal representation of family members.

Foreword: Issues Affecting Notarial Law And Policy, 31 J. Marshall L. Rev. 647 (1998), Robert Gilbert Johnson

UIC Law Review

No abstract provided.

The Public Official Role Of The Notary, 31 J. Marshall L. Rev. 651 (1998), Michael L. Closen

UIC Law Review

No abstract provided.

Being There: The Importance Of Physical Presence To The Notary, 31 J. Marshall L. Rev. 749 (1998), Charles N. Faerber

UIC Law Review

No abstract provided.

The Notary's Duty To Meticulously Maintain A Notary Journal, 31 J. Marshall L. Rev. 777 (1998), Peter J. Van Alstyne

UIC Law Review

No abstract provided.

The Impact Of Technology On The Notary Process, 31 J. Marshall L. Rev. 911 (1998), Glen-Peter Ahlers Sr.

UIC Law Review

No abstract provided.

The Foreign Notarial Legal Services Monopoly: Why Should We Care, 31 J. Marshall L. Rev. 945 (1998), Pedro A. Malavet

UIC Law Review

No abstract provided.

Promoting The Intermediate Benefits Of Strict Notary Regulation, 31 J. Marshall L. Rev. 819 (1998), Nancy Perkins Spyke

UIC Law Review

No abstract provided.

Steps Toward A Pedagogy Of Improvisation In Legal Ethics, 31 J. Marshall L. Rev. 1279 (1998), Jonathan M. Freiman

UIC Law Review

No abstract provided.

Dollywood Is Not Just A Theme Park In Tennessee Anymore: Unwarranted Prohibitory Human Cloning Legislation And Policy Guidelines For A Regulatory Approach To Cloning, 31 J. Marshall L. Rev. 1385 (1998), Paul Tully

UIC Law Review

No abstract provided.

Academic Dishonesty: Revoking Academic Credentials, 32 J. Marshall L. Rev. 67 (1998), Robert G. Johnston, Jane D. Oswald

UIC Law Review

No abstract provided.

Regulation Of Unethical Billing Practices: Progress And Prospects, Lisa G. Lerman

Scholarly Articles

During the last ten years billing fraud by lawyers has been recognized as a serious problem that undermines clients' trust of lawyers and the reputation of the profession as a whole. It used to be thought that lawyers who wanted to steal their clients' money would just take money out of the trust account. In recent years it has become clear that dishonest lawyers' methods of misappropriation are far more diverse than that.

The focus of this paper is on billing misconduct by lawyers who contract with their clients to bill by the hour. I will not talk about lawyers …

Allocation Of Decisionmaking Between Defense Counsel And Criminal Defendant: An Empirical Study Of Attorney-Client Decisionmaking, Rodney J. Uphoff

Faculty Publications

In Commonwealth v. Woodward, the highly publicized murder trial of an au pair accused of killing an infant in her care, the defense team faced a strategic decision commonly encountered at trial: whether to request or to object to lesser included jury instructions. Put simply, the Woodward defense team had to decide whether to ask for an instruction that would permit the jury to return a manslaughter verdict, or to object to such an instruction, leaving the jury only the choice either to acquit the defendant or to convict her of second degree murder as charged in the indictment. Undoubtedly …

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Foreword, Steven Epstein, Eric B. Fields, Jack E. Pace Iii, Staci Rosche

Fordham Urban Law Journal

This article seeks to address issues of lawyering under Legal Services Corporation (LSC) restrictions . We organized the conference as part of Fordham's Advanced Seminar in Ethics and Public Interest Law. We comprised a student working group in the class who worked to organize the conference with the Legal Aid Society and the Stein Center for Ethics and Public Interest Law. The conference, held on May 30, 1997, brought together practitioners, academics, and law students to discuss the delivery of legal services under the federal restrictions. In the remarks that follow, participants address the issues germane to lawyering under the …

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Address: The Future Of Legal Services, Alexander D. Forger

Fordham Urban Law Journal

This address focuses on what is the future of legal services? There will always be the ability to provide legal services for many of those in need. We are never going to reach all eligible clients or resolve all their problems. But it is essential to keep pressure on the federal government to play its essential role. How can it walk away from all of the mandates in our fundamental documents and leave it to charity to assume access to justice? There could be no more nobler cause with which to be associated, and no more dedicated and heroic figures …

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Constitutional Issues Panel, Matthew Diller

Fordham Urban Law Journal

There have been three lawsuits brought that deal with these constitutional issues, two challenges to the Regulations and one opposition to a motion to withdraw, which was the VarshavskyI case that Valerie Bogart talked about. The decision in the Varshavsky case is outside. There is also a preliminary injunction decision from the case brought in Hawaii,2 of which Steve Shapiro is one of the counsel, and that decision is outside. And then, still pending is a decision on a preliminary injunction motion in a case called Velasquez,3 which was brought in the Eastern District of New York. Here to address …

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Ethics Issues Panel, Russell G. Pearce

Fordham Urban Law Journal

This panel focuses on the ethical issues relating to the restrictions, and speakers include Helaine Barnett, Emily Sack, Steve Ellmann and Stephen Gillers.