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Legal Ethics and Professional Responsibility Commons™

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Full-Text Articles in Legal Ethics and Professional Responsibility

Practical Reasoning And Judicial Justification: Toward An Adequate Theory, Vincent A. Wellman Jan 1985

Practical Reasoning And Judicial Justification: Toward An Adequate Theory, Vincent A. Wellman

Law Faculty Research Publications

No abstract provided.


The Greylord Investigation Guidelines: Protection For Greylord Attorneys?, Andrew Majeske Jan 1985

The Greylord Investigation Guidelines: Protection For Greylord Attorneys?, Andrew Majeske

Loyola University Chicago Law Journal

No abstract provided.


Ethics And The Megafirm , Abe Krash Jan 1985

Ethics And The Megafirm , Abe Krash

Loyola University Chicago Law Journal

No abstract provided.


Responses, Jill Wine-Banks, William Martin Jan 1985

Responses, Jill Wine-Banks, William Martin

Loyola University Chicago Law Journal

No abstract provided.


Ethics, Professionalism And The Practice Of Law, Frederick A. Elliston Jan 1985

Ethics, Professionalism And The Practice Of Law, Frederick A. Elliston

Loyola University Chicago Law Journal

No abstract provided.


Policing Bench And Bar: Ethical Imperatives, Thomas P. Sullivan Jan 1985

Policing Bench And Bar: Ethical Imperatives, Thomas P. Sullivan

Loyola University Chicago Law Journal

No abstract provided.


Responses, Robert P. Cummins, Mervin Block, Stanley N. Katz Jan 1985

Responses, Robert P. Cummins, Mervin Block, Stanley N. Katz

Loyola University Chicago Law Journal

No abstract provided.


Responses, George Cotsirilos, Frank Covey Jan 1985

Responses, George Cotsirilos, Frank Covey

Loyola University Chicago Law Journal

No abstract provided.


The Role Of Alcoholism In Judicial Discipline Decisions, Candice Goldstein Jan 1985

The Role Of Alcoholism In Judicial Discipline Decisions, Candice Goldstein

Loyola University Chicago Law Journal

No abstract provided.


Analysis Of Illinois' Restrictions On The Practice Of Law By Out-Of-State Attorneys: Pro Hac Vice Model Rule Proposal, Ballard Jay Yelton Jan 1985

Analysis Of Illinois' Restrictions On The Practice Of Law By Out-Of-State Attorneys: Pro Hac Vice Model Rule Proposal, Ballard Jay Yelton

Loyola University Chicago Law Journal

No abstract provided.


The Duty To Criticize The Courts (I), Roger J. Miner '56 Jan 1985

The Duty To Criticize The Courts (I), Roger J. Miner '56

Lawyers and the Legal Profession

No abstract provided.


Contempt Of Court - Right To Jury Trial - A Fine Of $104,000 And Thirty Day Jail Sentence Is Serious Offense Entitling Contemnor To Trial By Jury., Kathryn E. Eriksen Jan 1985

Contempt Of Court - Right To Jury Trial - A Fine Of $104,000 And Thirty Day Jail Sentence Is Serious Offense Entitling Contemnor To Trial By Jury., Kathryn E. Eriksen

St. Mary's Law Journal

Abstract Forthcoming.


Ethical Dilemmas Facing Today's Lawyer, Geoffrey C. Hazard Jr. Jan 1985

Ethical Dilemmas Facing Today's Lawyer, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


Ethical Problems Of An International Human Rights Law Practice, David Weissbrodt Jan 1985

Ethical Problems Of An International Human Rights Law Practice, David Weissbrodt

Michigan Journal of International Law

This article examines two sources of ethical constraint on U.S. lawyers practicing international human rights law: the Model Code of Professional Responsibility (CPR or Model Code), which was adopted by the American Bar Association (ABA) in 1969, and the Model Rules of Professional Conduct (Model Rules), which were adopted in 1983. Part I establishes that these sources apply to the U.S. lawyer regardless of whether or not the lawyer is in the United States and whether or not he is acting as an attorney. Attorneys who leave the countries where they practice law and travel to other nations to observe …


How Do You Decide On A Nonlegal Career?, Gary A. Munneke Jan 1985

How Do You Decide On A Nonlegal Career?, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

Recent surveys have indicated that many young lawyers are dissatisfied with the direction that their careers have taken. There are always other options, and an increasingly attractive choice for many young lawyers is the nonlegal career.


New Perspectives On The Ethics Of Switching Sides, John Powers Crowley Jan 1985

New Perspectives On The Ethics Of Switching Sides, John Powers Crowley

Loyola University Chicago Law Journal

No abstract provided.


Ethical Violations Resulting From Excessive Workloads In Legal Aid Offices: Who Should Bear The Responsibility For Preventing Them?, Diana Calais Jan 1985

Ethical Violations Resulting From Excessive Workloads In Legal Aid Offices: Who Should Bear The Responsibility For Preventing Them?, Diana Calais

Loyola University Chicago Law Journal

No abstract provided.


Legal Ethics: Discretion And Utility In Model Rule 1.6, Charles A. Kelbley Jan 1985

Legal Ethics: Discretion And Utility In Model Rule 1.6, Charles A. Kelbley

Fordham Urban Law Journal

No other profession requires practitioners to identify so closely and completely with the interests and confidences of their clients, as in the legal profession. Unlike doctors, priests, rabbis and other professionals, the lawyer is an adviser but also an advocate. Rule 1.6 is a major flaw in the legal profession's history of self-discipline. This rule fails the test of logic because the concept of discretion which it reflects is self-contradictory. This rule is a crude form of utilitarianism and should be reformulated to require disclosure whenever clients have no right to confidentiality and their conduct would constitute unjustified aggression or …


Remarks Delivered On The Occasion Of The Presentation Of The Fordham Stein Award To Judge Edward Weinfeld, John D. Feerick Jan 1985

Remarks Delivered On The Occasion Of The Presentation Of The Fordham Stein Award To Judge Edward Weinfeld, John D. Feerick

Fordham Urban Law Journal

In the aftermath of a very difficult period for the conscience and reputation of the legal profession, the Fordham Stein Award was endowed for the purpose of providing the profession and society with a sterling example of professional integrity and leadership. The mandate was to search the profession nationwide each year and to select a person whose selfless contribution to the public good exemplified the quiet performance of thousands of others whose dedicated work adds life, vigor and substance to our democracy. In 1985, Fordham Law School awarded the Stein Award to Judge Edward Weinfeld. This article describes the award …


Address By Judge Edward Weinfeld, Edward Weinfeld Jan 1985

Address By Judge Edward Weinfeld, Edward Weinfeld

Fordham Urban Law Journal

This is a transcript of Judge Edward Weinfeld's acceptance of the 1985 Fordham Stein Award.


Attorney Fees—United States Is Not Liable For Attorney Fees Under The Equal Access To Justice Act By Analogy To Section 1983, David Schoen Jan 1985

Attorney Fees—United States Is Not Liable For Attorney Fees Under The Equal Access To Justice Act By Analogy To Section 1983, David Schoen

University of Arkansas at Little Rock Law Review

No abstract provided.


A Case For Increased Disclosure, Deborah Abramovsky Jan 1985

A Case For Increased Disclosure, Deborah Abramovsky

Fordham Urban Law Journal

The confidentiality rule is important but not absolute. An attorney must weigh his obligations to his client against his obligations to the profession and to the community as a whole. Reasonable certainty of the existence of potential danger should create a duty to reveal client secrets, and thus, when an attorney learns of an imminent threat of death or serious bodily harm to a third party from his client, disclosure should be mandatory. This type of limited exception would not interfere with the client's constitutional rights or with the orderly administration of justice. The policy behind such an exception, i.e. …


A Case For Increased Confidentiality, Abraham Abramovsky Jan 1985

A Case For Increased Confidentiality, Abraham Abramovsky

Fordham Urban Law Journal

The Sixth Amendment right to counsel is a cornerstone of the American legal system. In order to provide effective representation to a client, an attorney must be informed of all the relevant facts, including clients' indiscretions and crimes committed or contemplated by them. To draft effective motions, affidavits, etc., the attorney often needs information that only the client can provide; this same reasoning applies to conducting an effective cross-examination and forming an appropriate trial strategy. In addition, outside the criminal field, an attorney advising a corporate client must also know relevant data. Vital constitutional rights will be lost if lawyers …


The Confidentiality Rule: A Philosophical Perspective With Reference To Jewish Law And Ethics, Gordon Tucker Jan 1985

The Confidentiality Rule: A Philosophical Perspective With Reference To Jewish Law And Ethics, Gordon Tucker

Fordham Urban Law Journal

Analyzing Rule 1.6 of the Model Rules from a Jewish perspective can help solve some of the conflicts, which have arisen around this particular rule of professional responsibility. In sum, when a lawyer is faced with a potential crime that will likely seriously injury life, limb, or property, an attorney should disclose the information, which he believes will prevent this crime from occurring. While some sources of the confidentiality rule stem from the American legal system, others stem from more general ethical principles. Three such sources of the rule are: the attorney-client contract, the constitutional guarantees stemming from the Fifth …


Client Centered Counseling And Moral Accountability For Lawyers, Robert M. Bastress Jan 1985

Client Centered Counseling And Moral Accountability For Lawyers, Robert M. Bastress

Law Faculty Scholarship

No abstract provided.


Ethics: Professionalism, Craft, And Failure, James R. Elkins Jan 1985

Ethics: Professionalism, Craft, And Failure, James R. Elkins

Kentucky Law Journal

No abstract provided.


Transnational Legal Practice And Professional Ideology, Bryant G. Garth Jan 1985

Transnational Legal Practice And Professional Ideology, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.


Babbitt V. Brandeis: The Decline Of The Professional Ideal, William H. Simon Jan 1985

Babbitt V. Brandeis: The Decline Of The Professional Ideal, William H. Simon

Faculty Scholarship

The vision of professionalism that entranced the liberal legal elite for a century now strikes most lawyers and law students as implausible or uninteresting or both. The papers in this symposium by Robert Nelson and by Ronald Gilson and Robert Mnookin are outstanding examples of two of the current modes of repudiation of this vision: the mode of skepticism and the mode of indifference. Nelson takes the claims of the professional vision seriously, and, using a methodology responsive to them, sets out to refute them. Gilson and Mnookin ignore the vision, and, using a methodology that assumes the vision's invalidity, …


Sharing Among The Human Capitalists: An Economic Inquiry Into The Corporate Law Firm And How Partners Split Profits, Ronald J. Gilson, Robert H. Mnookin Jan 1985

Sharing Among The Human Capitalists: An Economic Inquiry Into The Corporate Law Firm And How Partners Split Profits, Ronald J. Gilson, Robert H. Mnookin

Faculty Scholarship

Large corporate law firms seem to be in a state of extraordinary flux. Success and failure are both on the rise. Large firms appear to supply a substantial and growing proportion of the legal services consumed by American business enterprises and to hire a significant fraction of the graduating classes of elite American law schools. Moreover, the last twenty years have witnessed a remarkable expansion in both the number of large firms and the absolute size of the biggest. But accompanying this striking success, there are also signs of serious institutional instability. During the last few years, several previously successful …


Accountability And The Adjudication Of The Public Interest, Marshall J. Breger Jan 1985

Accountability And The Adjudication Of The Public Interest, Marshall J. Breger

Scholarly Articles

In these remarks, I will speak briefly about the question of a lawyer's accountability to clients in public interest law. This is the fundamental theoretical problem confronting the public interest law movement, at least from the point of view of traditional models of adjudication.