Legal Ethics and Professional Responsibility Commons^™

Ineffective Assistance Of Counsel

Touro Law Review

No abstract provided.

Right To Be Present

Touro Law Review

No abstract provided.

Right To Counsel

Touro Law Review

No abstract provided.

Right To Be Present

Touro Law Review

No abstract provided.

In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright

Touro Law Review

No abstract provided.

Further Reflections On Libertarian Criminal Defense, William H. Simon

Faculty Scholarship

Since David Luban's is the work on legal ethics that I admire and agree with most, there is an element of perversity in my vehement critique of his arguments on criminal defense. I am therefore especially thankful for his gracious and thoughtful response. Nevertheless, I remain convinced that Luban is mistaken in excepting criminal defense from much of the responsibility to substantive justice that we both think appropriate in every other sphere of lawyering.

Utility, Rights And Relativity: A Preliminary Look At Lawyers In Hard Cases, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

The following article was written several years ago; its objective (as the opening paragraphs suggest) was to set forth, in as simple a form as possible, the basic philosophical as well as ethical dilemmas and issues confronting lawyers. The audience initially targeted comprised practitioners. The manuscript has, however, stayed on the shelf, gathering dust. I can think of no clear reason for this. Perhaps it was because of the preachiness inherent within the purpose. Perhaps it was because it did not really add anything remarkably new to the literature on the subject - a great stumbling block to writers, despite …

The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer

Journal Articles

Modem American lawyers impose on one another regulatory rules that speak to the old argument but have not resolved it. One of these requires lawyers to advocate the interests of their clients with zeal; another forbids them from arguing that they believe what they say, or in the merit of what they are asking the government to do. The latter of these is a rule against vouching for clients. Rules that require zeal and forbid vouching seek to prevent both advertent deceit and an "unprofessional" limitation of advocacy to causes lawyers believe in. My claim is that these rules are …

How I Changed My Mind, Thomas L. Shaffer

Journal Articles

My own changes of mind are not unique. I am one of a small group of law teachers who have, over the last thirty years, become clearer in formulating an Hebraic legal ethic. We are a minority who have become bolder. We owe such courage as we have located for that to modern pioneers, most notably Harold Berman, and, more lately, Emily Hartigan. What has changed most for us has been the clarity of our public witness; the substance all along has been old-time religion. When I say "clarity" I mean that we have come to see this substance in …

Profit, Progress And Moral Imperatives, Deborah W. Post

Scholarly Works

No abstract provided.

Introduction (Symposium On Municipal Liability), Patricia E. Salkin

Scholarly Works

No abstract provided.

Federal Standards Of Tax Practice: "Preparer" Penalties And Circular 230, Gwen T. Handelman

William & Mary Annual Tax Conference

No abstract provided.

Intrusion And The Investigative Reporter, Lyrissa Barnett Lidsky

UF Law Faculty Publications

In an award-winning series of Houston Chronicle articles, reporter Nancy Stancill uncovered shocking conditions in Texas nursing homes. However, reforms were not implemented until 20/20, following Stancill's lead, conducted a three-month, undercover investigation of the treatment of elderly residents at Texas state and private nursing home facilities.

By employing subterfuge to gather news, the 20/20 reporters enhanced the immediacy and credibility of the resulting story. As one journalist argued, "[J]ust describing the conditions wouldn't have cut it. They had to be seen."

Using the 20/20 case as a paradigm, this Note argues that, in order to distinguish protected newsgathering activity …

Legal Ethics, Roy M. Sobelson

Mercer Law Review

One of the traditional hallmarks of the American legal profession has been its virtual freedom from regulation. If there is any theme evident in recent developments in the legal ethics field, it is that this freedom is under increasing attack from clients, courts, the bar, and the legislature. The year 1992 was no exception, with a number of challenges made to the authority of individual lawyers and the profession itself. The Supreme Court of Georgia rejected one lawyer's challenge to mandatory court appointments and another's freedom to contract with a client for unlimited authority to settle cases.

The supreme court …

Arguing For Economic Equality, John Baker

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - Febuary 10, 1992.

Overcompensating: The Corporate Lawyer And Executive Pay, Charles M. Yablon

Articles

No abstract provided.

Clark Memorandum: Fall 1992, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Apostles of Equality (Kenneth R. Wallentine)
• Portraits
• A Camelot for Scott (Lew Cramer)
• Heroes for Our Time (Thomas D. Morgan)

Jul. 31 1992, Ciel, Comments On Temporary Procedures For The Envt Assessment Of Mdb Activities, Ciel

IFC E&S Performance Standards

No abstract provided.

Government Civil Investigations And The Ethical Ban On Communicating With Represented Parties, Ernest F. Lidge Iii

Indiana Law Journal

No abstract provided.

The Moral Labyrinth Of Zealous Advocacy, James R. Elkins

Law Faculty Scholarship

No abstract provided.

The Use Of Advance Fee Attorney Retainer Agreements In Bankruptcy: Another Special Law For Lawyers?, Lester Brickman, Jonathan Klein

Articles

From the time that the first lawyers set foot in what is now the United States, society has engaged in efforts to regulate lawyers' fees, including fees received from clients in bankruptcy proceedings. Lawyers, in turn, have been engaged in continuing efforts to: secure their self-interests, aggrandize their role in society, be free of societally imposed constraints on their fees and activities, and carve out an ever larger area of exclusive domain. Although lawyers have not fared as well in their recent efforts to extend the scope of their monopoly by the use of statutes that prohibit the unauthorized practice …

June 18, 1992, Sardar Sarovar - Letter Conveying Report To Wb President And Recomendations From Ch 17, Bradford Morse, Thomas R. Berger, Sardar Sarovar

WBIP Creation Up To 1993

No abstract provided.

National Health Insurance Proposals: An Ethical Perspective, Alan O. Kogan

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, January 31, 1992.

Client Fraud And The Securities Lawyer's Duty Of Confidentiality, Richard M. Phillips

Washington and Lee Law Review

No abstract provided.

The Law Between The Bar And The State, Susan P. Koniak

Faculty Scholarship

The traditional understanding of the relation between law and professional legal ethics is that legal ethics covers matters not covered by law; that ethics sits passively above law, starting where law leaves off. In this Article, Professor Susan Koniak argues that this understanding is wrong. She asserts that professional ethics are in competition and conflict with law as it is embodied in the pronouncements of courts and legislatures. Although "law" is usually considered to be the near exclusive preserve of the state, the Article contends that private groups also have "law," but it is usually called "ethics." The legal profession's …

Lying: A Failure Of Autonomy And Self-Respect, Jane Zembaty

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - March 19, 1992.

Tricks Prosecutors Play, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Criminal defense lawyers must recognize and challenge prosecutorial misconduct whenever it occurs. In my opinion, prosecutor's today wield greater power, engage in more egregious misconduct, and are less subject to judicial or bar association oversight than ever before. Few defense lawyers or commentators would disagree with these conclusions. Indeed, some types of prosecutorial misconduct have become almost “normative to the system.”

Attorneys' Malpractice Policies: Regulatory Exclusions And Public Policy, Susan Saab Fortney

Faculty Scholarship

The courts have yet to decide the issue of the enforceability of provisions in legal malpractice insurance policies that specifically exclude from coverage claims made by government regulators such as the FDIC. The question has reached the courts with respect to such exclusionary provisions in directors' and officers' liability insurance policies, and here the courts are split. The author discusses the current case law and the statutory developments.

Two Cheers For Authority: Should Officials Obey The Law?, Georgetown University Law Center

Philip A. Hart Memorial Lecture

In 1992, Professor Frederick Schauer of Harvard University, delivered the Georgetown Law Center’s twelfth Annual Philip A. Hart Memorial Lecture: "Two Cheers for Authority: Should Officials Obey the Law?."

Frederick Schauer is a David and Mary Harrison Distinguished Professor of Law at the University of Virginia. Previously he served for 18 years as Frank Stanton Professor of the First Amendment at the John F. Kennedy School of Government, Harvard University, where he has served as academic dean and acting dean, and before that was a Professor of Law at the University of Michigan. He is the author of The Law …

Government Attorneys And The Ethical Rules: Good Souls In Limbo, Maureen A. Sanders

Brigham Young University Journal of Public Law

No abstract provided.