Legal Ethics and Professional Responsibility | Open Access Articles

Gladiators Be Gone: The New Disclosure Rules Compel A Reexamination Of The Adversary Process, 36 B.C. L. Rev. 479 (1995), Rogelio A. Lasso

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Cross-Examining Legal Ethics: The Roles Of Intentions, Outcomes, And Character, R. George Wright

Kentucky Law Journal

No abstract provided.

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Prosecutorial Misconduct In Presenting Evidence: "Backdooring" Hearsay, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Rules of evidence are designed to bring about just and informed decisions. One of these rules, the hearsay rule, is designed to ensure that juries receive reliable evidence, and that out-of-court statements ordinarily are inadmissible. Prosecutors are well aware of these evidentiary restrictions, but occasionally seek to circumvent them. The author describes methods used by some prosecutors to manipulate the hearsay rule and thereby distort the truth-finding process of the trial.

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Proverbial Practice: Legal Ethics From Old Testament Wisdom, Gordon J. Beggs

Law Faculty Articles and Essays

The Old Testament book of Proverbs supplied foundational moral values for our nation's legal ethics. With the adoption and revision of formal codes, moral teaching has virtually disappeared from legal ethics. This essay suggests that the wisdom of Proverbs offers a timely challenge to the character of the legal profession by advocating values which include justice, purity, mercy, humility, honesty, candor, truthful testimony, and civility.

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New Insights On Waiver And The Inadvertent Disclosure Of Privileged Materials: Attorney Responsibility As The Governing Precept, Audrey Rogers

Elisabeth Haub School of Law Faculty Publications

This Article suggests that fostering the development of attorney responsibility should be the central goal in addressing the issues raised by the inadvertent disclosure. Deciding the waiver issue by concentrating on attorney responsibility will help prevent inadvertent disclosures (and resultant waivers) by impressing upon the attorney the need to take care to avoid them. When disclosures inadvertently occur, the amount of precautions the attorney took (albeit unsuccessfully) should determine whether the privilege is waived. Placing the onus of precautions against inadvertent disclosure on the attorney is not only beneficial to the client, but also aids the profession, and the overall …

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Aba Delegates Amend Model Rule , Susan J. Becker

Law Faculty Articles and Essays

The ABA House of Delegates has amended Model Rule 4.2 regarding whom attorneys may ethically contact directly during the course of litigation or other legal matters. This article discusses the ramifications of this change.

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Rhetoric, Evidence, And Bar Agency Restrictions On Speech By Attorneys, Lloyd B. Snyder

Law Faculty Articles and Essays

There are two problems with permitting litigation about attorney speech to proceed without requiring bar disciplinary agencies to present empirical data or other evidence to support claims that restrictions on attorney speech are necessary. First, the history of bar association restrictions on attorney speech should make us skeptical that the bar rules are based on lofty ideals about protection of the public. The restrictions began as rules promulgated by elite corporate lawyers whose effect was to limit the activities of their less affluent brethren who were representing criminal defendants and other impoverished clients. The purpose of the rules was to …

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Lawyers, Learning, And Professionalism: Meditations On A Theme, Judith Welch Wegner

Cleveland State Law Review

This essay will offer three meditations on the theme of "lawyers, learning and professionalism." First, it lays a foundation by arguing that a commitment to learning is an appropriate and necessary professional value for lawyers. Next, it contends that lawyers need to take this professional value more seriously. It will suggest that lawyers lag behind other professions in learning about learning, and urge more lawyers deliberately do just that. Finally, the essay shares some important lessons about professionalism recently learned through learning experiments with practicing lawyers and law students.

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Self-Inflicted Wounds: The Duty To Disclose Damaging Legal Authority, Angela Gilmore

Cleveland State Law Review

This article analyzes Rule 3.3(a)(3) and its implications for opposing parties in an adversarial legal system. The article's conclusion is that strict compliance with Rule 3.3(a)(3) by all members of the Bar is necessary to preserve the integrity of the legal system. Circumvention of the Rule is a disservice to the legal system. Part II explains Rule 3.3(a)(3) so that lawyers can grasp the ethical duty owed. Part III examines three roles simultaneously played by a lawyer: a representative of clients, an officer of the legal system, and a private citizen having a special responsibility for the quality of justice.7 …

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The Profession Of Law: Columbia Law School's Use Of Experiential Learning Techniques To Teach Professional Responsibility, Carol B. Liebman

Faculty Scholarship

Columbia Law School's ethics course, "The Profession of Law" ("POL"), is an interactive, experiential exploration of lawyer ethics. The course, required for all third-year students, is taught on an intensive basis during the first week of the fall semester. It begins on Monday morning, the first day of the semester, and runs through mid-afternoon on the following Friday. The course has five goals: to introduce students to the rules that govern professional conduct; to help them develop an analytic framework for making ethical decisions in those broad areas where the rules do not give clear answers; to provoke them to …

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J.E.B. V. Alabama Ex Rel. T.B.: Excellent Ideology, Ineffective Implementation., Nancy J. Cutler

St. Mary's Law Journal

Abstract Forthcoming.

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Did We Treaty Away Ker-Frisbie Symposium - Human Rights In The Americas., Timothy D. Rudy

St. Mary's Law Journal

This Article explores whether U.S. ratification of the International Covenant on Civil and Political Rights (Civil and Political Covenant) provides the American judiciary with reason to jettison the Ker-Frisbie doctrine. If the United States does not forego use of the Ker-Frisbie doctrine the country will violate its international obligations arising from a major human rights treaty. Part II discusses the customary norm of international law which forbids—and the American rule which permits—forcible abductions overseas. It also reviews whether extraterritorial abductions violate customary international law. Part III discusses applicability of the Civil and Political Covenant to the Ker-Frisbie doctrine and details …

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The Natural Law Tradition On The Modern Supreme Court: Not Burke, But The Enlightenment Tradition Represented By Locke, Madison, And Marshall., R. Randall Kelso

St. Mary's Law Journal

A traditional common-law style of judicial decisionmaking exists which was present at this nation’s founding. This common law style is derived from natural law tradition. And this tradition stands as an alternative to the formalism of Justice Scalia or the Holmesian style of Chief Justice Rehnquist. This natural law style, with its focus on the religious and communitarian ethical tradition, was the dominant view of judicial interpretation for the framing and ratifying generation of the original Constitution and the Civil War Amendments. The decisionmaking style of Justices O’Connor, Kennedy, and Souter appears to have great affinity with this traditional common-law …

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To Save A Life: Why A Rabbi And A Jewish Lawyer Must Disclose A Client Confidence Symposium: Executing The Wrong Person: The Professionals' Ethical Dilemmas, Russell G. Pearce

Faculty Scholarship

As adopted by courts and legislatures, lawyer's ethical codes have the force of law. They require a lawyer to keep information confidential unless the lawyer knows the client will commit a future crime. Jewish tradition generally forbids the disclosure of confidential information as "a terrible invasion of another person's privacy."This interdiction, rooted in the Torah's prohibition on talebearing, applies even when the information disclosed is true. The great medieval commentator, Maimonides, observed that gossip "ruins the world.” He further reproached "the evil tongue of the slander-monger who speaks disparagingly of one's fellow, even if the truth is told." Accordingly, the …

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Seeing The Forest And The Trees: The Proper Role Of The Bankruptcy Attorney, Nancy B. Rapoport

Scholarly Works

This article discusses the tension between the lawyer's duty to her client and her duty to the legal system as an officer of the court. It concludes that, in a situation in which those two duties conflict, the lawyer's duty to the system as a whole should trump the duty to the client.

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The Lawyer's Dirty Hands, Leslie C. Griffin

Scholarly Works

No abstract provided.

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Children Of Choice: A Doctor's Perspective, Howard W. Jones, Jr.

Washington and Lee Law Review

No abstract provided.

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The Texas Home Equity Controversy In Context Forum - Introduction., James W. Paulsen

St. Mary's Law Journal

This Essay provides some historical and legal context for the Texas home equity debate during the 1990s. It begins with an examination of early Texas homestead law, which did not clearly prohibit home equity lending. Part II describes the genesis of the homestead exemption in Texas. Public policy surrounding the homestead law had at least three components: protection of debtors, protection of women, and the fostering of an independent spirit in Texas settlers. Part III evaluates the Texas Constitution’s 1876 ban on home equity loans and the subsequent public debate up until the 1970s. Although criticism of the prohibition on …

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Home Equity Reform In Texas Forum., Jerry Patterson

St. Mary's Law Journal

Texas citizens should vote on home equity reform to be able to decide for themselves whether they desire the benefits of home equity borrowing. Texas is the only state in the nation that prohibits homeowners from using their home equity as they see fit such as to educate their children, to start or expand small businesses, or to enjoy their retirement years. Critics to home equity reform in Texas do not fully understand the scope of the amendments or the benefits that come with reform. The myth that equity loans would trigger an increase in foreclosure rates cannot be documented …

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The Spoliation Tort: An Approach To Underlying Principles., Steffen Nolte

St. Mary's Law Journal

Abstract Forthcoming.

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Private Plaintiffs May Not Maintain Aiding And Abetting Suits Under Securities Exchange Act Section 10(B) And Securities And Exchange Commission Rule 10b-5., Ginger E. Margolin

St. Mary's Law Journal

In Central Bank v. First Interstate Bank, the United States Supreme Court held that private plaintiffs may not maintain aiding and abetting suits under Securities Exchange Act Section 10(b) and Security and Exchange Commission Rule 10b-5. The Court views Section 10(b) of the 1934 Act as a “catchall antifraud provision” that makes the use of “any manipulative or deceptive device or contrivance” in contravention of the provision a violation of Securities and Exchange Commission (SEC) rules if such acts occur during the purchase or sale of securities. Rule 10b-5 is substantially the same as Section 10(b). However, neither Section 10(b) …

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The Women's Convention And The Equal Protection Clause Symposium - Human Rights In The Americas., Michael J. Corbera

St. Mary's Law Journal

This Article addresses whether the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (Women’s Convention) violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Because international treaties such as the Women’s Convention carry the same weight and are subject to the same treatment as U.S. federal law, the constitutionality of the Convention is dictated by U.S. jurisprudence. Part II of this Article outlines and discusses the origin and content of the Women’s Convention. Part III contains a historical review of gender jurisprudence in the United States, with particular emphasis on …

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Chief Justice Calvert: Man Of Imperturable Integrity In Memoriam., Thomas M. Reavley

St. Mary's Law Journal

Abstract Forthcoming.

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Chief Justice Calvert: Simple Rules Made Him Great In Memoriam., Jack Pope

St. Mary's Law Journal

Abstract Forthcoming.

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Chief Justice Calvert, Our Highly Regarded Of Counsel In Memoriam., Lloyd Lochridge

St. Mary's Law Journal

Abstract Forthcoming.

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Shading Of America: Keynote Address Before The 1995 National Conference Of Law Reviews Address., Antonia Hernandez

St. Mary's Law Journal

Abstract Forthcoming.

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Appellate Review Of Criminal Cases In Texas - Foreword Foreword., Charles F. Baird

St. Mary's Law Journal

Abstract Forthcoming.

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Appellate Review Of Criminal Cases In Texas., Ellen Bloomer Mitchell

St. Mary's Law Journal

This Article guides Texas practitioners in effectively preparing and presenting criminal cases on appeal. Its primary focus concerns the standards of review appellate courts use in determining the merits of the issues raised before them and, equally important, proper preservation and presentation of those issues. This Article does not exhaust the matters which may be raised on appeal in a criminal case. Rather, it covers a variety of issues and errors commonly raised in the “ordinary” criminal appeal. Understanding and utilizing this information in the presentation of issues on appeal will help the practitioner direct the appellate court to find …

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Cutting Costs - Cutting Care: Can Texas Managed Health Care Systems And Hmos Be Liable For The Medical Malpractice Of Physicians., Jim M. Perdue, Stephen R. Baxley

St. Mary's Law Journal

One of the most common forms of managed health care is the health maintenance organization (HMO). An HMO is a quasi-insurance arrangement which provides health care to subscribers for a prepaid monthly fee. These have been attractive as they offer health care at lower cost to consumers. Health care brokers have developed four standard models of HMOs— “staff model,” “group model,” “network model,” and “independent practice association” (IPA) model. Given the degree of control HMOs exercise over member-physicians under any of the above models, Texas courts should hold HMOs liable for their member-physicians’ malpractice under the doctrine of vicarious liability, …

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Texas's New Habeas Corpus Procedure For Death-Row Inmates: Kafkaesque - And Probably Unconstitutional., James C. Harrington, Anne More Burnham

St. Mary's Law Journal

Abstract Forthcoming.

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Full-Text Articles in Legal Ethics and Professional Responsibility

Gladiators Be Gone: The New Disclosure Rules Compel A Reexamination Of The Adversary Process, 36 B.C. L. Rev. 479 (1995), Rogelio A. Lasso

UIC Law Open Access Faculty Scholarship

Cross-Examining Legal Ethics: The Roles Of Intentions, Outcomes, And Character, R. George Wright

Kentucky Law Journal

Prosecutorial Misconduct In Presenting Evidence: "Backdooring" Hearsay, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Proverbial Practice: Legal Ethics From Old Testament Wisdom, Gordon J. Beggs

Law Faculty Articles and Essays

New Insights On Waiver And The Inadvertent Disclosure Of Privileged Materials: Attorney Responsibility As The Governing Precept, Audrey Rogers

Elisabeth Haub School of Law Faculty Publications

Aba Delegates Amend Model Rule , Susan J. Becker

Law Faculty Articles and Essays

Rhetoric, Evidence, And Bar Agency Restrictions On Speech By Attorneys, Lloyd B. Snyder

Law Faculty Articles and Essays

Lawyers, Learning, And Professionalism: Meditations On A Theme, Judith Welch Wegner

Cleveland State Law Review

Self-Inflicted Wounds: The Duty To Disclose Damaging Legal Authority, Angela Gilmore

Cleveland State Law Review

The Profession Of Law: Columbia Law School's Use Of Experiential Learning Techniques To Teach Professional Responsibility, Carol B. Liebman

Faculty Scholarship

J.E.B. V. Alabama Ex Rel. T.B.: Excellent Ideology, Ineffective Implementation., Nancy J. Cutler

St. Mary's Law Journal

Did We Treaty Away Ker-Frisbie Symposium - Human Rights In The Americas., Timothy D. Rudy

St. Mary's Law Journal

The Natural Law Tradition On The Modern Supreme Court: Not Burke, But The Enlightenment Tradition Represented By Locke, Madison, And Marshall., R. Randall Kelso

St. Mary's Law Journal

To Save A Life: Why A Rabbi And A Jewish Lawyer Must Disclose A Client Confidence Symposium: Executing The Wrong Person: The Professionals' Ethical Dilemmas, Russell G. Pearce

Faculty Scholarship

Seeing The Forest And The Trees: The Proper Role Of The Bankruptcy Attorney, Nancy B. Rapoport

Scholarly Works

The Lawyer's Dirty Hands, Leslie C. Griffin

Scholarly Works

Children Of Choice: A Doctor's Perspective, Howard W. Jones, Jr.

Washington and Lee Law Review

The Texas Home Equity Controversy In Context Forum - Introduction., James W. Paulsen

St. Mary's Law Journal

Home Equity Reform In Texas Forum., Jerry Patterson

St. Mary's Law Journal

The Spoliation Tort: An Approach To Underlying Principles., Steffen Nolte

St. Mary's Law Journal

Private Plaintiffs May Not Maintain Aiding And Abetting Suits Under Securities Exchange Act Section 10(B) And Securities And Exchange Commission Rule 10b-5., Ginger E. Margolin

St. Mary's Law Journal

The Women's Convention And The Equal Protection Clause Symposium - Human Rights In The Americas., Michael J. Corbera

St. Mary's Law Journal

Chief Justice Calvert: Man Of Imperturable Integrity In Memoriam., Thomas M. Reavley

St. Mary's Law Journal

Chief Justice Calvert: Simple Rules Made Him Great In Memoriam., Jack Pope

St. Mary's Law Journal

Chief Justice Calvert, Our Highly Regarded Of Counsel In Memoriam., Lloyd Lochridge

St. Mary's Law Journal

Shading Of America: Keynote Address Before The 1995 National Conference Of Law Reviews Address., Antonia Hernandez

St. Mary's Law Journal

Appellate Review Of Criminal Cases In Texas - Foreword Foreword., Charles F. Baird

St. Mary's Law Journal

Appellate Review Of Criminal Cases In Texas., Ellen Bloomer Mitchell

St. Mary's Law Journal

Cutting Costs - Cutting Care: Can Texas Managed Health Care Systems And Hmos Be Liable For The Medical Malpractice Of Physicians., Jim M. Perdue, Stephen R. Baxley

St. Mary's Law Journal

Texas's New Habeas Corpus Procedure For Death-Row Inmates: Kafkaesque - And Probably Unconstitutional., James C. Harrington, Anne More Burnham

St. Mary's Law Journal