Legal Ethics and Professional Responsibility Commons^™

Keeping Faith: Government Ethics & Government Ethics Regulation, Cynthia R. Farina

Cornell Law Faculty Publications

Three Foundations Of Legal Ethics: Autonomy, Community, And Morality, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Helping To Harm? The Ethical Dilemmas Of Managing Politically Sensitive Data, Sylvie C. Tourigny

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - March 19, 1993.

Post-Trial Interviews With Jurors: An Absence Of Regulation In West Virginia, Pamela M. Smoljanovich

West Virginia Law Review

No abstract provided.

Determining The Appropriate Time Limitations On Attorney Malpractice Lawsuits In West Virginia: A Brief Overview, Vincent Paul Cardi

West Virginia Law Review

No abstract provided.

The Ethics Of Criminal Defense, William H. Simon

Michigan Law Review

A large literature has emerged in recent years challenging the standard conception of adversary advocacy that justifies the lawyer in doing anything arguably legal to advance the client's ends. This literature has proposed variations on an ethic that would increase the lawyer's responsibilities to third parties, the public, and substantive ideals of legal merit and justice.

With striking consistency, this literature exempts criminal defense from its critique and concedes that the standard adversary ethic may be viable there. This paper criticizes that concession. I argue that the reasons most commonly given to distinguish the criminal from the civil do not …

Reasonable Children, Michael Pritchard

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - May 19, 1993.

Legal Ethics And The Restatement Process -- The Sometimes-Uncomfortable Fit, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

The Inadmissibility Of Professional Ethical Standards In Legal Malpractice Actions After Hizey V. Carpenter, Marc R. Greenough

Washington Law Review

In Hizey v. Carpenter, the Washington Supreme Court became the only court of last resort to prohibit introduction of the Code of Professional Responsibility and the Rules of Professional Conduct as evidence of an attorney's common law duty of care in an action for legal malpractice. This Note examines the Hizey decision and argues that the court should not create a preferential standard for attorneys. Instead, the court should admit professional ethical standards as evidence in legal malpractice actions on the same basis that the court admits statutes, ordinances, and administrative rules in other actions for negligence.

Outing In The Time Of Aids: Legal And Ethical Considerations, John F. Hernandez

Faculty Articles

No abstract provided.

Parts And Wholes: The Integrity Of The Model Rules, Charles W. Wolfram

Cornell Law Faculty Publications

As important as is each of its parts, the 1983 Model Rules of Professional Conduct was, of course, meant to function as a whole. At the very least, the parts were presumably intended to work well with one another, sketching a regulatory apparatus that would guide both lawyers subject to it and courts and regulators administering it in a coherent and consistent manner. To a large extent the Model Rules made significant headway in this respect, continuing the movement toward more explicit and articulated regulation of the profession begun by their predecessor, the Model Code of Professional Responsibility.

Yet, …

Legal Developments: Ethics In Government Federal Advisory Committees, Foreign Conflicts Of Interest, The Constitution, And Dr. Franklin's Snuff Box, Gerald S. Schatz

University of the District of Columbia Law Review

No abstract provided.

It's Not Easy Being Easy: Advising Tax Return Positions , J. Timothy Philipps

Washington and Lee Law Review

No abstract provided.

In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone

Articles

Beginning with Professor Robert Cover's Nomos and Narrative, contemporary American legal scholars have increasingly turned, implicitly or more directly, to the Jewish legal tradition as an example of a legal system in which law is defined not by reference to the authority and power of the State, but rather by the commitment of a legal community to voluntarily-accepted legal obligations. These scholars depict the Jewish legal system as having successfully confronted - and resolved - several central dilemmas currently facing American law by maintaining a coherent legal system while accepting behavioral and interpretive pluralism. In this Article, Professor Stone shows …

Judicial Conduct

Touro Law Review

No abstract provided.

A Comment On The Canadian Bar Association's Gender Equality Task Force Report, Dianne Pothier

Dianne Pothier Collection

The Task Force Report is a comprehensive one that deserves to be read by all members of the profession. It documents widespread problems and suggests wide ranging solutions. Reading a review is not an adequate substitute. A review can only touch on highlights, whereas it is in the detail of the Report that its real impact lies. This review will briefly comment on each of the themes announced in the title of the Report: equality, diversity, and accountability. Although in my assessment the report is in some respects too timid, that should not take away from the fact the Report …

The Learned Profession Exemption Of The North Carolina Deceptive Trade Practices Act: The Wrong Bright Line?, Debra D. Burke

Campbell Law Review

This article will examine the North Carolina statute and the soundness of this exemption.

The American Rule On Attorney Fee Allocation: The Injured Person's Access To Justice, John F. Vargo

American University Law Review

No abstract provided.

An Overview Of Illinois Contempt Law: A Court's Inherent Power And The Appropriate Procedures And Sanctions, 26 J. Marshall L. Rev. 223 (1993), Robert G. Johnston, Kevin E. Bry

UIC Law Review

No abstract provided.

Teaching Professional Responsibility In Law School, Leah Wortham

Scholarly Articles

I was pleased to be asked to write about teaching professional responsibility in law school. Ten years and sixteen classes of professional responsibility have allowed me to form many views. The following is organized in a variation of the journalist's standard five questions (who, what, when, where, and how). I consider WHAT to teach in professional responsibility courses, WHO should teach them, WHEN to teach the subject, HOW to teach it, and WHY it is hard to do.

The Big Black Man Syndrome: The Rodney King Trial And The Use Of Racial Stereotyes In The Courtroom, Lawrence Vogelman

Fordham Urban Law Journal

Rodney King was portrayed as the prototypical "Big Black Man". Having recognized the existence of the Big Black Man Syndrome as a factor in the Rodney King Case, what are the moral and ethical implications of allowing defense counsel to so cleverly play upon the racial fears they evidently recognized? The issue is whether the use of racist arguments by defense counsel in a criminal trial is unethical. This essay explores the ethical consideration that come into play where a trial advocate is faced with a case where racism, homophobia, or ethnic prejudice is part of the courtroom dynamic.

Financial Arrangements In Class Actions, And The Code Of Professional Responsibility, Daniel J. Capra, Thomas W. Jackson, John Koeltl

Fordham Urban Law Journal

The Rules of Professional Conduct impose various restrictions relating to attorney fees and the payment of litigation costs, which are designed to preserve the lawyer's role as a zealous but objective advocate. Class actions stand apart from other kinds of litigation in that they are designed to promote efficiency by their combining like claims into single actions, and individual justice by their vindicating claims that if taken individually might not be economically viable. In light of these special concerns, the courts have carved out several exceptions to ordinary attorney's fees, litigation expense, and disbursement rules that they routinely apply to …

Report On The Debate Over Whether There Should Be An Exception To Confidentiality For Rectifying A Crime Or Fraud, Maria Helen Bainor, Nancy Batterman

Fordham Urban Law Journal

The Model Rules of Professional Conduct fail to provide lawyers with adequate guidance for dealing with situations in which a client has used the lawyer's services to perpetuate a fraud. He Model Rules do not discuss confidentiality in cases of client-committed fraud at all, and the provided exceptions to the confidentiality requirement do little to help attorney's deal with past frauds committed by a client with the unwitting aid of the attorney. The Model Rules should be amended to authorize disclosure of client confidences to rectify a crime or fraud when the lawyer's services have been used in the commission …

The Need For Fair Trials Does Not Justify A Disciplinary Rule That Broadly Restricts An Attorney's Speech, Thomas Gibson, Diana Parker

Fordham Urban Law Journal

In "Gentile v. State Bar of Nevada," the Supreme Court held a Nevada law prohibiting attorneys from making extra-judicial statements that could reasonably be expected to lead to prejudiced proceedings unconstitutionally vague. The safe harbor provision of New York's restriction on extra-judicial attorney speech seems to suffer from a similar deficiency, and must therefore be amended. To cure vagueness concerns, an amended rule should pay heed to the timing of prohibited public statements by attorneys, limiting speech restrictions to the month preceding the start of the trial. The amended rule should also include a clear and present danger standard to …

Ethical Issues Arising When A Lawyer Leaves A Firm: Restrictions On Practice, Daniel J. Capra, Richard Friedman, Arthur Handler, Diana Parker

Fordham Urban Law Journal

Restriction on covenants not to compete have been a long-time feature of legal practice. Rules prohibiting law firms from restricting lawyers' ability to practice or imposing penalties on lawyers that leave a firm attempt to balance the law firm's interest in survival in a competitive market with the countervailing interests of attorney mobility, and protecting clients' choice of counsel. Restrictions on covenants not to compete should be vigorously enforced, and the exception that allows for the forfeiture of retirement benefits by attorneys that choose to leave a firm should be narrowly applied to only those funds to which the departing …

State Of New York Temporary State Commission On Local Government Ethics Final Report

Fordham Urban Law Journal

The New York Temporary State Commission on Local Government Ethics was constituted in 1987 in response to several ethics scandals in New York City government. The commission was tasked primarily with aiding local governments in evaluating and revising their own ethics standards, and with proposing new municipal ethics legislation for the State of New York. The commission's proposal for local ethics reform rested on the propositions that most local officials are honest and ethical; that local governments are heavily dependent on volunteers; that local government ethics must be enforced at the local level; that ethics rules must be reasonable, sensible, …

Comments: The Ethics Involved In Representing Multiple Parties In A Business Transaction: How To Avoid Being Caught Between Scylla And Charybdis' Within The Confines Of The Maryland Disciplinary Rules, Gretchen L. Jankowski

University of Baltimore Law Review

No abstract provided.

Your Money Or Your Life: A Modest Proposal For Mandatory Pro Bono Services, Mary I. Coombs

Articles

No abstract provided.

Impoverished Practices, Anthony V. Alfieri

Articles

No abstract provided.

Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger

Faculty Publications

Many employers create internal procedures for the resolution of discrimination complaints. We examine internal complaint handlers' conceptions of civil rights law and the implications of those conceptions for their approach to dispute resolution. Drawing on interview data, we find that complaint handlers tend to subsume legal rights under managerial interests. They construct civil rights law as a diffuse standard of fairness, consistent with general norms of good management. Although they seek to resolve complaints to restore smooth employment relations, they tend to recast discrimination claims as typical managerial problems. While the assimilation of law into the management realm may extend …