Legal Ethics and Professional Responsibility Commons^™

The Right To Know And The Duty To Disclose Hazard Information, Michael S. Baram

Faculty Scholarship

In late 1983, the Occupational Safety and Health Administration (OSHA) promulgated its final rule on "hazard communication." This rule establishes for many workers the right to know certain health hazard information held by their employers. Concurrently, the rule imposes on these employers the duty to disclose such privately held information. ^I

The OSHA rule is limited and late, and joins a crowded field. It follows in the wake of several decades of legal developments which have established various rights to know and duties to disclose. Since the latter part of the nineteenth century, state common law for personal injuries has …

Fuller On Legal Education, Robert S. Summers

Journal of Legal Education

No abstract provided.

The Lawyer's Allegiance: Priorities Regarding Confidentiality, R. W. Nahstoll

Washington and Lee Law Review

No abstract provided.

University Of Baltimore Law Forum Volume 14 Number 2 (Spring 1984) Front Matter

University of Baltimore Law Forum

No abstract provided.

Review Of Kanter On Hiring: A Lawyer's Guide To Lawyer Hiring, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Conflicts Of Interest In The Insurer's Duty To Defend In Illinois, 17 J. Marshall L. Rev. 379 (1984), John Dwight Ingram

UIC Law Review

No abstract provided.

Law Schools And Professional Responsibility: A Task For All Seasons, Robert M. Ackerman

Law Faculty Research Publications

No abstract provided.

Attorney-Client Privilege: A Guide For Corporations, Pamela Taylor

University of Arkansas at Little Rock Law Review

No abstract provided.

Ethical Considerations For The Justice Department When It Switches Sides During Litigation, Clifford Freed

Seattle University Law Review

This Comment briefly discusses the history of Washington v. Seattle School District No. 1, and then demonstrates the difficulties in applying the present ABA Code of Professional Responsibility to certain ethical questions that can arise when the government changes its allegiance in the midst of litigation. The ethical propriety of the Department of Justice's actions is examined, and alternatives are proposed for situations in which the United States, represented in court by the Justice Department, switches sides in the same case.

Kentucky Law Survey: Professional Responsibility, Paul C. Van Booven

Kentucky Law Journal

No abstract provided.

The Second Set Of Players: Lawyers, Fee Shifting, And The Limits Of Professional Discipline, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

Book Review, Mark J. Loewenstein

Publications

No abstract provided.

Attorney Fee Disgorgement As A Disciplinary Action, Lynn P. Barker

Seattle University Law Review

This Comment first explores reasons for the rare application of fee disgorgement as a disciplinary measure. It then examines the contexts under which courts deprive attorneys of their fees in both nondisciplinary and disciplinary proceedings. This Comment concludes that, in many cases, disgorgement of fees as a disciplinary action for attorney misconduct would most effectively protect the public, deter unethical conduct, and restore confidence in the legal profession.

The A.B.A. Model Rules Of Professional Conduct, M. Peter Moser

University of Baltimore Law Forum

No abstract provided.

Attorney-Client Conflicts Of Interest And The Concept Of Non-Negotiable Fee Awards Under 42 U.S.C. § 1988, Emily M. Calhoun

Publications

No abstract provided.

Visions Of Practice In Legal Thought, William H. Simon

Faculty Scholarship

This essay contrasts the vision of law practice expressed in the established professional culture with a vision derived from recent Critical legal writing.

Commissioning Morallity: An Introduction To The Symposium, Alan J. Weisbard, John D. Arras

Cardozo Law Review

No abstract provided.

Ethics, Politics, And Access To Health Care: A Critical Analysis Of The President's Commission For The Study Of Ethical Problems In Medicine And Biomedical And Behavioral Research, Ronald Bayer

Cardozo Law Review

No abstract provided.

The Gentleman In Professional Ethics, Thomas L. Shaffer

Journal Articles

The character of the “gentlemen” has served as a basis for ethics in professionalism. The purpose of this article is to describe the gentleman’s ethics, to explain its implications on the legal profession, to test its adequacy, and to argue that the gentleman’s ethic veered wrong by moving away from its religious tradition. In particular, the author analyzes its adequacy by engaging in four tests including (1) whether the gentleman’s ethic survives conceptions of class and professionalism; (2) whether it provides the skills needed for dealing with power and institutions; (3) whether it takes into account the “tragic nature of …

Promise, Benefit, And Need: Ties That Bind Us To The Law, Kent Greenawalt

Faculty Scholarship

In this lecture, I address the fundamental question of whether we have a good moral reason for obeying the law. Understanding why we should obey the law, if we should, is the starting point for resolving conflicts between that duty and other claims upon us.

I am primarily concerned here with generally applicable laws of the state, but I also consider rules that apply to members of more limited associations, such as law schools and the bar. Concern over obligation to obey rules does not begin and end with rules of the state. Moreover, the relation of citizens to the …

Education For Proficiency: The Continuum, David H. Vernon

Journal of Legal Education

No abstract provided.

Ethical Problems For Lawyers Upon Trust Terminations: Conflicts Of Interest, Joel C. Dobris

University of Miami Law Review

Trust terminations pose ethical problems for lawyers. Beneficiaries often view the trustee's lawyer as "their" lawyer. The Code of Professional Responsibility and the recently adopted Model Rules of Professional Conduct provide little guidance in resolving the conflicts of interest that arise in trust terminations

Legal Competence Yesterday And Tomorrow, Leon E. Trakman

Dalhousie Law Journal

Attacks have been lodged against the legal profession for many years, indeed, since even before Shakespeare commented in Henry VI, "The first thing we do, let's kill all the lawyers." However, it is only more recently, with the growth of mass education and public awareness and with technological advances, that suspicions of the incompetence of lawyers has arisen again with a vengeance. Some would credit this new trend to the condemnation of alleged incompetence among trial lawyers by Chief Justice Burger of the American Supreme Court. But to limit the attack on lawyers to this Chief Justice is to ignore …

Book Review Of Genetics, Ethics, And The Law, Larry I. Palmer

Journal of Legal Education

No abstract provided.

Confidentiality: The Future Crime--Contraband Dilemmas, Deborah Abramovsky Touro College School Of Law

West Virginia Law Review

No abstract provided.

Sharing In Justice, Roger J. Miner '56

Flag Day & Law Day Ceremonies

No abstract provided.

Soliciting Sophisticates: A Modest Proposal For Attorney Solicitation, Victor P. Filippini Jr.

University of Michigan Journal of Law Reform

This Note advocates an amendment to the ethical standards governing attorneys that will permit the personal solicitation for pecuniary gain of sophisticated prospective clients - that is, those persons having general knowledge of their legal needs and the expertise to assess adequately the information and presentation of an attorney. Part I of this Note shows that lawyer solicitation is a form of commercial speech under recent Supreme Court decisions. It also asserts that, though the traditional reasons for banning lawyer solicitation still have some validity, these reasons do not justify prohibiting the solicitation of sophisticated clients. Part II suggests some …

The Inherent Power Of The Courts To Regulate The Practice Of Law: An Historical Analysis, Thomas M. Alpert

Buffalo Law Review

No abstract provided.

Signs Of Progress: Legal Education, 1982, David F. Cavers

Journal of Legal Education

No abstract provided.

Professional Responsibility, Due Diligence And Rule 415: Another Dilemma, Lawrence F. Orbe Iii

Florida State University Law Review

No abstract provided.