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Articles 7081 - 7110 of 7955

Full-Text Articles in Legal Ethics and Professional Responsibility

Taking And Pursuing A Case: Some Observations Regarding "Legal Ethics" And Attorney Accountability, Richard H. Underwood Jan 1985

Taking And Pursuing A Case: Some Observations Regarding "Legal Ethics" And Attorney Accountability, Richard H. Underwood

Kentucky Law Journal

No abstract provided.

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Yellow Pages Legal Ads In Texas: The Complexities Of Dr 2-101(B) & (And) (C)., Vincent Robert Johnson Jan 1985

Yellow Pages Legal Ads In Texas: The Complexities Of Dr 2-101(B) & (And) (C)., Vincent Robert Johnson

St. Mary's Law Journal

This Article explains how attorneys can avoid private reprimands for advertisements in the Yellow Pages pursuant to subsection (B) and (C) of the Texas Code of Professional Responsibility Disciplinary Rule 2-101, given there is no scholarship or precedent. Subsection (B) requires an advertisement to include the name of a lawyer who is licensed to practice law in Texas, who will be responsible for performing the legal service, and the areas of law in which they practice. Subsection (C) requires detailed statements be included concerning whether the individuals named in compliance with subsection (B) are certified with the Texas Board of …

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Reexamining Roe: Nineteenth-Century Abortion Statutes And The Fourteenth Amendment., James S. Witherspoon Jan 1985

Reexamining Roe: Nineteenth-Century Abortion Statutes And The Fourteenth Amendment., James S. Witherspoon

St. Mary's Law Journal

Abstract Forthcoming.

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Taking And Pursuing A Case: Some Observations Regarding "Legal Ethics" And Attorney Accountability, Richard H. Underwood Jan 1985

Taking And Pursuing A Case: Some Observations Regarding "Legal Ethics" And Attorney Accountability, Richard H. Underwood

Law Faculty Scholarly Articles

This Article addresses some of the potential liabilities that may arise from an attorney's decision to decline, refer, undertake, continue or discontinue the prosecution of a civil action. This Article suggests that counsel's obligations to his or her client, adversary, and fellow members of the bar, as well as to the judiciary and the justice system, can be balanced without subjecting attorneys to liability. This balance can be attained, however, only if potential problems are spotted and minimal precautions are taken.

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Ethical, Statutory, And Regulatory Conflicts Of Interest In Real Estate Transactions., Jeb C. Sanford Jan 1985

Ethical, Statutory, And Regulatory Conflicts Of Interest In Real Estate Transactions., Jeb C. Sanford

St. Mary's Law Journal

Abstract Forthcoming.

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Surface Damages In Texas: A Proposal For Legislative Intervention., Steven John Berry Jan 1985

Surface Damages In Texas: A Proposal For Legislative Intervention., Steven John Berry

St. Mary's Law Journal

Abstract Forthcoming.

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A New Twist For Texas Lemon Owners., Ayala Alexopoulos Jan 1985

A New Twist For Texas Lemon Owners., Ayala Alexopoulos

St. Mary's Law Journal

Twenty-five percent of the consumers with car warranty problems are dissatisfied with the complaint-handling process in the automobile industry and the result of their grievances. In response to the frustrations of defective car owners, Texas, along with many other states, passed a “lemon law” providing more definitive relief for consumer. Lemon laws provide a clearly defined cause of action against the manufacturer and provide the consumer with a low-cost, readily available mechanism for resolving their disputes. Most states’ lemon laws require the consumer to resort to arbitration provisions before initiating a court action if a manufacturer sets up a dispute …

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Determining Mineral Ownership In Texas After Moser V. United States Steel Corp. - The Surface Destruction Nightmare Continues., David A. Scott Jan 1985

Determining Mineral Ownership In Texas After Moser V. United States Steel Corp. - The Surface Destruction Nightmare Continues., David A. Scott

St. Mary's Law Journal

Total abandonment of the surface destruction test is essential for achieving mineral title certainty in Texas. Many instruments which grant or reserve mineral rights in Texas contain the words “other minerals.” When the instrument does not specifically list which substances the contracting parties include as minerals, a dispute often arises as to ownership of the unspecified substances. To resolve ownership disputes, Texas courts adopted the surface destruction test. This test focuses on the destructive effects removal of a particular substance would have on the surface of the land. Unfortunately, the surface destruction test yielded unpredictable results, causing uncertainty in mineral …

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The Attorney-Client Privilege, Thomas C. Dawson Jr., John T. Tucker Iii, Kevin J. Whyte Jan 1985

The Attorney-Client Privilege, Thomas C. Dawson Jr., John T. Tucker Iii, Kevin J. Whyte

University of Richmond Law Review

History suggests that the attorney-client privilege is the oldest of the evidentiary privileges. It probably arose at common law during the 1500's, concurrent with the right to trial by jury. Judges initially viewed the privilege as a vindication of "the oath and the honor of the attorney." However, during the late 1700's, courts began to assert that the privilege's purpose was to encourage clients to make full disclosure to their counsel, by "providing subjectively for the client's freedom of apprehension." In 1871, the Virginia Supreme Court5 stated that "[i]f the privilege did not exist at all, every one would be …

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The Status Of Lawyer Advertising In Virginia: What Is Good Taste?, Carol Anne Weiss Jan 1985

The Status Of Lawyer Advertising In Virginia: What Is Good Taste?, Carol Anne Weiss

University of Richmond Law Review

When Abraham Lincoln wanted to attract clients to his law practice in 1837, he ran a simple advertisement announcing his services in an Illinois newspaper. Despite the precedent set by "Honest Abe," fifty years later the American Bar Association banned legal advertising and solicitation. Today, there is no absolute ban on legal advertising. A need exists for information regarding legal assistance, and in today's commercially-oriented society, it is not surprising that members of the legal profession want to advertise the availability of their services.

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Private Settlement As Alternative Adjudication: A Rationale For Negotiation Ethics, Robert B. Gordon Jan 1985

Private Settlement As Alternative Adjudication: A Rationale For Negotiation Ethics, Robert B. Gordon

University of Michigan Journal of Law Reform

A rule of ethics like the one proposed in this Note takes a step toward this goal. Part I explores the general nature of unethical settlement negotiation, and the inadequate responses offered by both the American Bar Association Model Code of Professional Responsibility and the American Bar Association Model Rules of Professional Conduct. Part II presents a theory for recognizing private settlement negotiation as a substantive component of the adjudicatory process, deserving of all the ethical protections afforded forensic litigation. Part III evaluates certain proposals for reform and responds to various criticisms commonly leveled against efforts to regulate private negotiation …

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The Fall And Rise Of Professionalism, Thomas D. Morgan Jan 1985

The Fall And Rise Of Professionalism, Thomas D. Morgan

University of Richmond Law Review

In recent years, there has been an increasing concern among lawyers that the legal profession may be declining in "professionalism." Professionalism is not a self-defining term; indeed, it is greatly overused today. There are professional football players, professional models and even professional wrestlers. The question, then, is what it means to be a professional for purposes of trying to decide whether lawyers are more professional or less professional than before. Although several definitions might be offered, I would assert that traditional professions seem to have at least three attributes.

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The Investigation Of Good Moral Character For Admission To The Virginia Bar - Time For A Change, Kristine M. Trevino Jan 1985

The Investigation Of Good Moral Character For Admission To The Virginia Bar - Time For A Change, Kristine M. Trevino

University of Richmond Law Review

One of the most essential and critical components of a democratic society is the law profession. Lawyers are charged with the preeminent duty of assisting citizens in the maintenance of their individual rights. Because of a lawyer's "enviable position of prestige and respect," he "enjoy[s] much public confidence and trust." Therefore, society expects, and the profession demands, that only individuals possessing an adequate degree of intelligence, education, and good moral character be permitted to practice law.

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Some Reflections On Conflicts Between Government Attorneys And Clients, Jack B. Weinstein, Gay A. Crosthwait Jan 1985

Some Reflections On Conflicts Between Government Attorneys And Clients, Jack B. Weinstein, Gay A. Crosthwait

Touro Law Review

No abstract provided.

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The Virginia Code Of Professional Responsibility, Roderick B. Mathews Jan 1985

The Virginia Code Of Professional Responsibility, Roderick B. Mathews

University of Richmond Law Review

The purposes of my comments are to: (1) outline the historical development of the Code of Professional Responsibility (CPR) in the organized bar in the United States; (2) summarize the important differences between the Virginia Code of Professional Responsibility (Virginia CPR) and its predecessor in Virginia; (3) discuss the reasons for the most significant of those changes; and (4) compare the important differences between the American Bar Association model adopted in August 1983 (the Kutak Model) and the Virginia CPR. For the sake of brevity, I will make no reference to the multiple editorial revisions in the Virginia CPR which …

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Legal Ethics In The Bid Rigging Cases, Anthony F. Troy Jan 1985

Legal Ethics In The Bid Rigging Cases, Anthony F. Troy

University of Richmond Law Review

As a member of the Bar, one can never be too conscious of the ethical duty owed to the client, to the system of justice, and to the general public. Members of the public are viewing the legal profession with increasing skepticism. Even the Chief Justice of the United States Supreme Court recently asked rhetorically whether the decline in the public standing of attorneys is the product of a general impression that our profession is lax in dealing with incompetent or dishonest lawyers. Ethical issues arise in many settings. This article will focus mainly on the ethical issues which arise …

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Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc Jan 1985

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

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The Quest To Enforce The Old Promises: Indian Law In The Modern Era, Charles Wilkinson Jan 1985

The Quest To Enforce The Old Promises: Indian Law In The Modern Era, Charles Wilkinson

Publications

No abstract provided.

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Breach Of Confidence - The Need For A New Tort - Watts V. Cumberland County Hospital System, Kathryn B. Remick Jan 1985

Breach Of Confidence - The Need For A New Tort - Watts V. Cumberland County Hospital System, Kathryn B. Remick

Campbell Law Review

The right to redress wrongfully disclosed confidences through a separate breach of confidence tort is the topic of this Note. Not all disclosures are actionable wrongs. This Note will deal mainly with extrajudicial disclosures of customarily confidential information and will touch only superficially on testimonial privileges. This Note also will examine the inadequacies of theories advanced by many courts thus far as remedies for wrongful disclosures and the justification for the development of a separate breach of confidence tort in North Carolina.

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On Being Pleasant: Ethics In Estate Planning, Thomas L. Shaffer Jan 1985

On Being Pleasant: Ethics In Estate Planning, Thomas L. Shaffer

Journal Articles

The play “Harvey” teaches a valuable lesson on legal ethics through the character Elwood. Elwood teaches how being pleasant does more for a person than being smart. Legal ethics in estate planning is examined through three points of view: the reality of professional life in estate planning, the reality of client life in estate planning, and the reality of life in families that are affected by estate planning. In discussing each point of view, the Author uses the actions of Elwood to demonstrate and argue that professional ethics is not just a system for staying out of trouble, but is …

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Slippered Feet Aboard The African Queen, Thomas L. Shaffer Jan 1985

Slippered Feet Aboard The African Queen, Thomas L. Shaffer

Journal Articles

Milner Ball, a professor, has characterized property ownership as “the apparatus of bulwark law.” This Article argues that that characterization was premature. The Author suggests that the bulwark-like difficulties in property law are less the essence of ownership than a perversion of ownership.

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The Problem Method In Legal Education, Gregory L. Ogden Dec 1984

The Problem Method In Legal Education, Gregory L. Ogden

Journal of Legal Education

No abstract provided.

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Charting The Future Course For Corporate Management Of Health Risks, Michael S. Baram Oct 1984

Charting The Future Course For Corporate Management Of Health Risks, Michael S. Baram

Faculty Scholarship

Corporations engage in technological activities of benefit to society, but thereby also create new health risks for workers, consumers, and communities. Government regulatory agencies deal with this chronic problem by conducting risk analyses and imposing various duties on private firms. Despite agency efforts and corporate compliance, health risks continue to arise and take their toll. To what extent will private firms voluntarily assume greater responsibility for preventing these health risks? This question is of increasing social importance, because the limitations of regulatory efforts are now obvious, whereas health risks are now being identified at what appears to be an increasing …

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Fordham's New Institute On Professional Responsibility And Leadership, William Hughes Mulligan Sep 1984

Fordham's New Institute On Professional Responsibility And Leadership, William Hughes Mulligan

Journal of Legal Education

No abstract provided.

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Confidentiality And Conflicts Of Interest: New Guidelines For Virginia Attorneys Under The Revised Virginia Code Of Professional Responsibility Sep 1984

Confidentiality And Conflicts Of Interest: New Guidelines For Virginia Attorneys Under The Revised Virginia Code Of Professional Responsibility

Washington and Lee Law Review

No abstract provided.

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Legal Education And The Good Lawyer, Richard Wasserstrom Jun 1984

Legal Education And The Good Lawyer, Richard Wasserstrom

Journal of Legal Education

No abstract provided.

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Against Autarky, David Luban Jun 1984

Against Autarky, David Luban

Journal of Legal Education

No abstract provided.

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Law Schools As Institutional Teachers Of Professional Responsibility, Norman Redlich Jun 1984

Law Schools As Institutional Teachers Of Professional Responsibility, Norman Redlich

Journal of Legal Education

No abstract provided.

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Disqualification Of Criminal Defense Attorneys Due To Prior Government Service, Margo L. Frasier Apr 1984

Disqualification Of Criminal Defense Attorneys Due To Prior Government Service, Margo L. Frasier

Florida State University Law Review

No abstract provided.

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A Substantial Paradox: Attorney's Fees Under The Equal Access To Justice Act In Social Security Appeals, James R. Cromwell Apr 1984

A Substantial Paradox: Attorney's Fees Under The Equal Access To Justice Act In Social Security Appeals, James R. Cromwell

University of Arkansas at Little Rock Law Review

No abstract provided.

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