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Legal Ethics and Professional Responsibility Commons™

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Articles 6871 - 6900 of 7955

Full-Text Articles in Legal Ethics and Professional Responsibility

Ethical Issues For Corporate Counsel In Internal Investigations: A Problem Analyzed, Drew L. Kershen Jan 1988

Ethical Issues For Corporate Counsel In Internal Investigations: A Problem Analyzed, Drew L. Kershen

Faculty Articles

No abstract provided.

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Ethical Discretion In Lawyering, William H. Simon Jan 1988

Ethical Discretion In Lawyering, William H. Simon

Faculty Scholarship

In this Article, Professor Simon argues that conventional approaches to legal ethics are too categorical. Rather than operating within a system of formalized ethical rules, he argues, lawyers should exercise judgment and discretion in deciding what clients to represent and how to represent them. In exercising this discretion, lawyers should seek to "do justice." They should consider the merits of the client's claims and goals relative to those of opposing parties and other potential clients. They should also consider the substantive merits of the client's claims and the reliability of the standard legal procedures for resolving the problem at hand. …

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Unique, Novel, And Unsound Adversary Ethic, Thomas L. Shaffer Jan 1988

Unique, Novel, And Unsound Adversary Ethic, Thomas L. Shaffer

Journal Articles

The dominant ethic in the American legal profession in 1988 is the adversary ethic. The adversary ethic, in the words of the late Justice Abe Fortas, claims that "[l]awyers are agents, not principals; and they should neither criticize nor tolerate criticism based upon the character of the client whom they represent or the cause that they prosecute or defend. They cannot and should not accept responsibility for the client's practices." This ethic is the principal—and often the only—reference point in professional discussions. Although it is embedded in our professional codes, our cases, and our law offices, this Article argues that …

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Legal Malpractice, Professional Discipline, And Representation Of The Indigent Defendant, Richard Klein Jan 1988

Legal Malpractice, Professional Discipline, And Representation Of The Indigent Defendant, Richard Klein

Scholarly Works

No abstract provided.

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Current Issues In Professional Responsibility, James P. Holden Dec 1987

Current Issues In Professional Responsibility, James P. Holden

William & Mary Annual Tax Conference

No abstract provided.

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Ethical Norms In Science, Rachelle D. Hollander Oct 1987

Ethical Norms In Science, Rachelle D. Hollander

Center for the Study of Ethics in Society Papers

Papers Presented to the Center for the Study of Ethics in Society, Western Michigan University.

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Reflections On Client Perjury, Bennett L. Gershman Oct 1987

Reflections On Client Perjury, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Most experienced prosecutors, judges, and defense attorneys would probably agree that perjury in the criminal justice system occurs often. Although the frequency of perjury has never empirically been demonstrated, it is not surprising that with so much at stake, prosecution and defense witnesses would be tempted to fabricate testimony to meet the exigencies of the case. Detecting and dealing with perjurious testimony, however, is another matter. Implicated are complex legal and ethical problems for both prosecutors and defense attorneys. The judiciary's response to these problems, moreover, has largely been formalistic, without enunciating sufficiently clear standards to guide future behavior.

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Attorney Reinstatement Standards: A Proposal For Reform In Washington State, Anne Badgley Oct 1987

Attorney Reinstatement Standards: A Proposal For Reform In Washington State, Anne Badgley

Washington Law Review

This Comment reviews the background leading to Washington's present reinstatement guidelines and analyzes the approach taken by the Washington Supreme Court in deciding reinstatement petitions. Three recent cases are discussed to illustrate the problems created by the current approach. This Comment suggests that the court adopt a new approach in deciding reinstatement cases. The proposed approach establishes uniform disbarment periods for specific offenses and clarifies the qualifications expected of individual reinstatement applicants. This approach utilizes the categories of offenses set forth in the proposal drafted by the American Bar Association (hereinafter ABA) Standards for Imposing Lawyer Sanctions. The proposed changes …

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Essay Review Of Modern Legal Ethics, Ted Schneyer Sep 1987

Essay Review Of Modern Legal Ethics, Ted Schneyer

Journal of Legal Education

No abstract provided.

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The Genesis And Goals Of The Ali Corporate Governance Project, Roswell B. Perkins Mar 1987

The Genesis And Goals Of The Ali Corporate Governance Project, Roswell B. Perkins

Cardozo Law Review

No abstract provided.

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A Critique Of The "Liberal" Political-Philosophical Project, Michael J. Perry Feb 1987

A Critique Of The "Liberal" Political-Philosophical Project, Michael J. Perry

William & Mary Law Review

No abstract provided.

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Pinocchio For The Defense, Linda Harrison Gottlieb Jan 1987

Pinocchio For The Defense, Linda Harrison Gottlieb

Florida State University Law Review

No abstract provided.

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The Epidemic Of Prosecutorial Courtroom Misconduct In Illinois: Is It Time To Start Prosecuting The Prosecutors?, Edward M. Genson, Marc W. Martin Jan 1987

The Epidemic Of Prosecutorial Courtroom Misconduct In Illinois: Is It Time To Start Prosecuting The Prosecutors?, Edward M. Genson, Marc W. Martin

Loyola University Chicago Law Journal

No abstract provided.

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The Former Client's Disqualification Gambit: A Bad Move In Pursuit Of An Ethical Anomaly, Steven H. Goldberg Jan 1987

The Former Client's Disqualification Gambit: A Bad Move In Pursuit Of An Ethical Anomaly, Steven H. Goldberg

Elisabeth Haub School of Law Faculty Publications

This Article contends that the successive conflict and imputed disqualification rules in combination are both bad law and bad ethics and that a different approach would be better for clients, for the adversary system, and for the profession. Part I of the Article analyzes the development of the successive conflict and the imputed disqualification doctrines. It demonstrates that two different, not always consistent, theories caused the successive conflict disqualification principles to develop erratically, resulting in a set of rules incompatible with either supporting rationale. Part II explains why the incorporation of that set of rules into the Model Rules of …

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The Proposed Rules Of Professional Conduct: Critical Concerns For Military Lawyers, Donald L. Burnett Jr. Jan 1987

The Proposed Rules Of Professional Conduct: Critical Concerns For Military Lawyers, Donald L. Burnett Jr.

Articles

No abstract provided.

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Casenotes: Attorney Malpractice — Under Third Party Beneficiary Theory, Nonclient Can Sue Attorney For Negligent Misrepresentation Without Proof Of Privity Of Contract. Flaherty V. Weinberg, 303 Md. 116, 492 A.2d 618 (1985), Courtney Blair Michel Jan 1987

Casenotes: Attorney Malpractice — Under Third Party Beneficiary Theory, Nonclient Can Sue Attorney For Negligent Misrepresentation Without Proof Of Privity Of Contract. Flaherty V. Weinberg, 303 Md. 116, 492 A.2d 618 (1985), Courtney Blair Michel

University of Baltimore Law Review

No abstract provided.

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Casenotes: Attorney Conduct — A Defense Attorney Who Follows Aba Standards When His Client Manifests An Intent To Commit Perjury Is Not Jeopardizing The Client's Right To Effective Assistance Of Counsel. Nix V. Whiteside, 475 U.S. 157 (1986), John M. Seeberger Jan 1987

Casenotes: Attorney Conduct — A Defense Attorney Who Follows Aba Standards When His Client Manifests An Intent To Commit Perjury Is Not Jeopardizing The Client's Right To Effective Assistance Of Counsel. Nix V. Whiteside, 475 U.S. 157 (1986), John M. Seeberger

University of Baltimore Law Review

No abstract provided.

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Professional Responsibility - When Do The Equities Tip The Scale To Require And Attorney To Remain In A Case Without A Client, Kristine Y. Schmidt Jan 1987

Professional Responsibility - When Do The Equities Tip The Scale To Require And Attorney To Remain In A Case Without A Client, Kristine Y. Schmidt

Villanova Law Review (1956 - )

No abstract provided.

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Lawyers And Professionalism: A Commentary On The Report Of The American Bar Association Commission On Professionalism, Ronald D. Rotunda Jan 1987

Lawyers And Professionalism: A Commentary On The Report Of The American Bar Association Commission On Professionalism, Ronald D. Rotunda

Loyola University Chicago Law Journal

No abstract provided.

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Illusion And Reality In Regulating Lawyer Performance: Rethinking Rule 11, Lawrence M. Grosberg Jan 1987

Illusion And Reality In Regulating Lawyer Performance: Rethinking Rule 11, Lawrence M. Grosberg

Villanova Law Review (1956 - )

No abstract provided.

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Annual Survey Of Virginia Law: Professional Responsibility, Michael L. Rigsby Jan 1987

Annual Survey Of Virginia Law: Professional Responsibility, Michael L. Rigsby

University of Richmond Law Review

All lawyers licensed in Virginia must adhere to the Disciplinary Rules (DRs) and principles codified in the Virginia Code of Professional Responsibility. The ethical precepts contained therein constitute the bedrock upon which the notion of professionalism is based. It distinguishes Virginia lawyers as members of a learned profession. Unfortunately, all lawyers do not accept the ethical responsibilities which come with the privilege of licensure. For those instances in which a lawyer strays from his ethical tethering, the Supreme Court of Virginia has devised a procedure for investigating complaints of lawyer misconduct and, where appropriate, imposing discipline.

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The City University Of New York Law School: An Insider's Report, Vanessa Merton Jan 1987

The City University Of New York Law School: An Insider's Report, Vanessa Merton

Elisabeth Haub School of Law Faculty Publications

The Law School of the City University of New York ("CUNY") is an experiment in whether it is possible for lawyers to integrate their lives. It is not, primarily, an institution with a somewhat novel, somewhat derivative, approach to legal education (although it is that). It is a place where lawyers try to bridge the gap between love and work, those so often dichotomized constituents of life. At CUNY we are trying simultaneously to equip students for survival in the current legal system and to burden them with a critical perspective on that system; to do and think, to practice …

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The Illinois Attorney Registration And Disciplinary Commission: Its Structure, Operation, And Limitations, Thomas R. Mulroy Jr., Michael Palmer Jan 1987

The Illinois Attorney Registration And Disciplinary Commission: Its Structure, Operation, And Limitations, Thomas R. Mulroy Jr., Michael Palmer

Loyola University Chicago Law Journal

No abstract provided.

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Civil Rights - Equal Protection - Race-Conscious Quotas Are Permissible Under The Equal Protection Clause Of The Fourteenth Amendment In Eliminating Discriminatory Promotional Policies Case Note., Iri I. Nathan Jan 1987

Civil Rights - Equal Protection - Race-Conscious Quotas Are Permissible Under The Equal Protection Clause Of The Fourteenth Amendment In Eliminating Discriminatory Promotional Policies Case Note., Iri I. Nathan

St. Mary's Law Journal

Abstract Forthcoming.

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Screening The Disqualified Lawyer: The Wrong Solution To The Wrong Problem, Thomas D. Morgan Jan 1987

Screening The Disqualified Lawyer: The Wrong Solution To The Wrong Problem, Thomas D. Morgan

University of Arkansas at Little Rock Law Review

No abstract provided.

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Contractual Limitations On Attorney Malpractice Liability: An Economic Approach, Leonard E. Gross Jan 1987

Contractual Limitations On Attorney Malpractice Liability: An Economic Approach, Leonard E. Gross

Kentucky Law Journal

No abstract provided.

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Shouting Incitement In The Courtroom: An Evolving Theory Of Civil Liability Comment., Michael P. Kopech Jan 1987

Shouting Incitement In The Courtroom: An Evolving Theory Of Civil Liability Comment., Michael P. Kopech

St. Mary's Law Journal

Civil incitement is an evolving theory, intended to ascribe liability to a publisher. Civil incitement charges that the contents of a publication proximately caused the plaintiff’s physical injury, thus holding publishers civilly liable for the physical consequences of their communications. However, the validity of civil incitement as an actionable tort clashes with the principles of freedom of speech and press embodied within the First Amendment. Incitement, as a successful cause of action, demands following the standards set out in Brandenburg v. Ohio. Prior attempts to hold publishers civilly liable for the physical consequences of their communications have rarely survived motions …

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Criminal Procedure - Preventative Detention - Provision Of 1984 Bail Reform Act Permitting Pretrial Detention Of Arrestees Charged With Serious Felonies Who Are Found To Pose A Danger To The Community, Does Not, On Its Face, Violate Either The Fifth Amendment's Due Process Clause Or The Eighth Amendment's Prohibition Of Excessive Bail Recent Development., Gillian Anne Foley Jan 1987

Criminal Procedure - Preventative Detention - Provision Of 1984 Bail Reform Act Permitting Pretrial Detention Of Arrestees Charged With Serious Felonies Who Are Found To Pose A Danger To The Community, Does Not, On Its Face, Violate Either The Fifth Amendment's Due Process Clause Or The Eighth Amendment's Prohibition Of Excessive Bail Recent Development., Gillian Anne Foley

St. Mary's Law Journal

Abstract Forthcoming.

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Castleberry V. Branscum: A Divided Texas Supreme Court Increases Shareholder Liability For Corporate Contractual Obligations., Michael J. Shearn, Peter M. Koelling Jan 1987

Castleberry V. Branscum: A Divided Texas Supreme Court Increases Shareholder Liability For Corporate Contractual Obligations., Michael J. Shearn, Peter M. Koelling

St. Mary's Law Journal

Abstract Forthcoming.

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Responding To Misrepresentations, Nondisclosures And Incorrect Assumptions About The Age Of The Accused: The Jurisdictional Boundary Between Juvenile And Criminal Courts In Texas., Robert O. Dawson Jan 1987

Responding To Misrepresentations, Nondisclosures And Incorrect Assumptions About The Age Of The Accused: The Jurisdictional Boundary Between Juvenile And Criminal Courts In Texas., Robert O. Dawson

St. Mary's Law Journal

Abstract Forthcoming.

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