Legal Ethics and Professional Responsibility Commons^™

The Imperative To Restore Nature: Some Philosophical Questions, Lisa Newton

Center for the Study of Ethics in Society Papers

The purpose of WMU's Center for the Study of Ethics is to encourage and support research, teaching, and service to the university and community in areas of applied and professional ethics. These areas include, but are not restricted to: business, education, engineering, government, health and human services, law, media, medicine, science, and technology.

Lawyers And Loyalty, Michael K. Mcchrystal

William & Mary Law Review

No abstract provided.

Reconstructing A Pedagogy Of Responsibility, Barbara L. Bezdek

Faculty Scholarship

No abstract provided.

Suppressed V. Suppressed: A Court's Refusal To Remedy The Legal Profession's "Dirty Little Secret," Attorney-Client Sexual Exploitation, Robert H. Muriel

Loyola University Chicago Law Journal

No abstract provided.

Beyond The New Role Morality For Lawyers, Rob Atkinson

Scholarly Publications

No abstract provided.

Avalon Ethics, Thomas D. Eisele

Faculty Articles and Other Publications

Book review of Thomas Shaffer & Nancy Shaffer, American Lawyers and Their Communities (1991)

The Cocaine Addicted Lawyer And The Disciplinary System, Raymond P. O'Keefe

St. Thomas Law Review

This article will discuss cocaine addiction within the legal profession and its impact upon individual attorneys, clients, and the profession as a whole. It discusses different approaches that have been taken in Bar disciplinary proceedings and the need for professional sanctioning bodies to accept cocaine addiction as a disease, and recovery from it as a mitigating factor. It argues that admitting evidence of addiction and recovery as mitigation best serves the goals of the disciplinary proceeding, which are to 1) protect the public, 2) maintain the integrity of the legal profession,. and 3) preserve public confidence in the legal profession. …

The Conflict Between Illinois Rule 1.6(B) And The Aids Confidentiality Act, 25 J. Marshall L. Rev. 727 (1992), Scott H. Isaacman

UIC Law Review

No abstract provided.

Lawyers In The Public Service And The Role Of Law Schools, Frank J. Macchiarola, Joseph Scanlon

Fordham Urban Law Journal

Law schools should recognize and maximize their opportunity to work in public service. Law schools have an obligation to recognize a causal link between legal education and value learned through the law school experience and the tremendous effect that this training can have on the community. This essay examines the history of the traditional law school curriculum and poses practical and philosophical suggestions for the improvement of existing course work towards the public good. Next, the essay examines the community beyond the walls of the school as a source of instruction and finally, argues that a more expansive definition of …

State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank

Fordham Urban Law Journal

The standards for resolving putative conflicts between federal laws are not always clear, and neither for that matter is the standard for determining what con- stitutes a federal law capable of superseding effect. The technique of setting federal norms of professional conduct on a decentralized basis by borrowing or incorporating state norms is increasingly trouble- some to the extent that the borrowed state norms are disuniform and that they are being put to multiple remedial purposes. Federal legisla- tion preempting state law of professional conduct is conceivable but hardly likely, particularly as the norms are pressed into duty for pur- …

A Meditation On The Theoretics Of Practice, Robert Dinerstein

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Perspectives On Group Representation, Deborah L. Rhode

Kentucky Law Journal

No abstract provided.

The Ethics Of Meaning, James Boyd White

Book Chapters

In choosing what I call "the ethics of meaning" as the subject of this chapter I bring together two of the most complex and difficult terms in our language. To begin with "meaning", few things are harder to talk about than the complex and tangled process by which what we say - or do - takes on a meaning for another. Meaning is a mixture of conscious intention and subconscious wish, of expectation and imagination, of varying and often incompatible perceptions of context, and this on the part of both writer and reader. As for "ethics": it involves nothing less …

Discretion And Rules: A Lawyer's View, Carl E. Scheider

Book Chapters

In modern society the law regulates the complex behavior of millions of people. To do this efficiently-to do this at all-broadly applicable rules must be used. Yet such rules are bound to be incomplete, to be ambiguous, to fail in some cases, to be unfair in others. Some of the drawbacks of rules can be minimized by giving discretion to the administrators and judges who apply them. Yet doing so dilutes the advantages of rules and creates the risk that discretion may be abused. Working out the proper balance of these considerations is both necessary and perplexing in every area …

Liability Of Individuals Who Serve On Panels Reviewing Allegations Of Misconduct In Science, Stacey M. Berg, Montgomery K. Fisher

Villanova Law Review (1956 - )

No abstract provided.

Rethinking Attorney Conflict Of Interest Doctrine, Kevin C. Mcmunigal

Faculty Publications

This article focuses on conflict of interest doctrine dealing with concur- rent conflict of interest issues. Its thesis is that a primary source of confusion in conflict of interest doctrine is its failure to clearly articulate and answer the central questions which lie at the heart of the subject. In essence it argues that to remedy this confusion we need to rethink attorney conflict of interest doctrine so that it focuses more clearly on articulating and answering these central questions.

Part-Time Prosecutors And Conflicts Of Interest: A Survey And Some Proposals, Richard H. Underwood

Law Faculty Scholarly Articles

For many jurisdictions, the need for part-time prosecutors is a reality that will continue into the foreseeable future. The daunting task of balancing a private practice with prosecutorial duties is made all the more difficult by the lack of a coherent set of guidelines for minimizing the impact of conflicts of interest. What is needed is a set of guidelines flexible enough to permit attorneys to balance the part-time prosecutor's dual practice yet concrete enough to protect the system and its participants from conflicts of interest. Of prime importance in establishing any such system is the need for a clear …

Money Laundering And Lawyers, Eugene R. Gaetke, Sarah N. Welling

Law Faculty Scholarly Articles

The federal government has recently enacted money laundering laws to track and discourage the use of money generated by crime. Because some of that money is used to pay legal fees, the laws have a direct impact on lawyers. The laws increase the risk of prosecution for lawyers, inhibit some methods of fee payment, and make some cases less attractive financially. Generally, the laws make law practice more complicated and risky.

The laws have been criticized for their impact on criminal defense lawyers. Critics have raised three broad objections. The first objection is constitutional. Critics have also objected to the …

Law And Conformity, Ethics And Conflict: The Trouble With Law-Based Conceptions Of Ethics, Steven R. Salbu

Indiana Law Journal

No abstract provided.

Conducting Informal Discovery Of A Party's Former Employees: Legal And Ethical Concerns And Constraints, Susan J. Becker

Law Faculty Articles and Essays

This Article identifies and critiques existing sources of confusion in the law and proposes revised and alternative discovery procedures to provide equal access to information possessed by ex-employees, while simultaneously safeguarding the integrity of that information. Its primary emphasis is on federal jurisprudence, although important points of consensus and departure between state and federal law are noted, as appropriate. Part I explains the issues that arise in informal discovery, and the difficulties with clearly resolving those issues given the conflicting state of the law. Part II discusses application of the attorney-client privilege to communications between corporate counsel and former employees, …

Stances, Anthony V. Alfieri

Articles

No abstract provided.

Dances With Nonlawyers: A New Perspective On Law Firm Diversification, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

In this Article, Professor Munneke continues the debate over ethical rules governing lawyers' professional affiliations with nonlawyers, arguing in favor of the adoption of uniform rules that regulate lawyers' conduct in the context of specific ethical issues, such as confidentiality and conflicrs of interest. In Professor Munneke's view, the retention of ethical rules that prohibit law firm diversification impedes the ability of lawyers to compete effectively in today's rapidly changing marketplace of professional services.

Professor Munneke moreover questions whether state bar association rules that prohibit law firm diversification are capable of withstanding judicial scrutiny under the federal antitrust laws and …

Trial By Jury

Touro Law Review

No abstract provided.

Part-Time Prosecutors And Conflicts Of Interest: A Survey And Some Proposals, Richard H. Underwood

Kentucky Law Journal

No abstract provided.

The U.S. Law Of Client Confidentiality: Framework For An International Perspective, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

State Ethics Rules And Federal Prosecutors: The Controversies Over The Anti-Contact And Subpoena Rules, Roger C. Cramton, Lisa K. Udell

Cornell Law Faculty Publications

No abstract provided.

Ethical Issues In Representing Thrifts, Michelle D. Monse

Buffalo Law Review

No abstract provided.

Where Were The Lawyers?, Mary E. Berkheiser, Ed Hendricks

Scholarly Works

In March 1992, the Office of Thrift Supervision sent shock waves through the legal community when it initiated a $275 million enforcement actions against New York’s Kaye, Scholer, Fierman, Hays & Handler and froze the firm’s assets, all based on the firm’s alleged misdeeds in representing the now-defunct Lincoln Savings & Loan. The OTS action, together with the recent spate of prefessional liability suits by the Resolution Trust Corporation and the Federal Deposit Insurance Corporation, raises questions with far-reaching consequences for the legal profession. Perhaps most disturbing, particularly in light of the OTS’s unprecedented assault on Kaye, Scholer, is the …

Lawyers' Papers: Confidentiality Versus The Claims Of History, Bonnie Hobbs

Washington and Lee Law Review

No abstract provided.

Planning For Free Trade: Taking Advantage Of The Transition., John M. Vernon, Enrique A. Gonzalez Calvillo

St. Mary's Law Journal

After two decades of restrictive policies regarding foreign involvement, Mexico is transforming its legal and regulatory structure. The progression of foreign investment, technology transfer, and industrial property laws and regulations is revealing. The significance of the overhaul of the industrial property and technology transfer framework in Mexico is evident considering the historical context in which it developed. With these reforms in place, Mexico significantly improved the conditions for placing U.S. franchises across the border. Mexico decreased tariff rates, eliminated import licenses for numerous products, and divested over half of the businesses previously owned or operated by the state. It also …