Legal Ethics and Professional Responsibility Commons^™

Report With Findings And Recommendations To The Conference Of Chief Justices From Its Task Force On Lawyer Competence, Conference Of Chief Justices

Miscellaneous Materials

This report is the result of three years of effort by the Conference of Chief Justices Task Force on Lawyer Competence (and former committees under a different names} to exam1ne the evidence concerning the general performance of the legal profession and to evaluate the various proposals made for enhancing it.

How Judges Speak: Some Lessons On Adjudication In Billy Budd, Sailor With An Application To Justice Rehnquist, Richard H. Weisberg

Articles

The article examines how authority figures use language and procedural structures to shape outcomes in both literary and legal contexts, highlighting the tension between formal legal processes and true justice. Through a comparative analysis of Herman Melville's Billy Budd, Sailor and the Supreme Court case Paul v. Davis, the article argues that "considerate communication"—a subtle form of manipulation—can distort reality and undermine fairness in adjudication. It critiques legal systems that prioritize formality over substance, emphasizing how narrative techniques and rhetorical strategies in both literature and law can mask subjective biases and influence decisions.

The Doctor And His Lawyer: Conflicts Of Interest, Richard H. Underwood

Law Faculty Scholarly Articles

This Article will not survey and catalog all available cases dealing with the "insurance counsel's tightrope." Instead, it will focus on the identification and resolution of conflicts of interest that may arise at various stages of the litigation of a medical malpractice action in which a lawyer has been retained to represent the interests of both the physician policy-holder and his insurance carrier. Many of the problems examined are applicable to all insurance defense litigation, and the combination of large claims and complex issues presented in medical malpractice cases, together with the distrust of lawyers shared by many doctors, provides …

Contracting For Publication Rights In Lieu Of Attorney's Fees In Criminal Cases, Keith Noel Bond

Buffalo Law Review

No abstract provided.

Attorney Malpractice: Problems Associated With Failure-To-Appeal Cases, Justin Stillwell White

Buffalo Law Review

No abstract provided.

Letting The Market Control Advertising By Lawyers: A Suggested Remedy For The Misled Client, James R. Devine

Buffalo Law Review

No abstract provided.

A First-Year Course In The "Lawyering Process", Paul Brest

Journal of Legal Education

No abstract provided.

Discovery Of Opinion Work Product In Illinois: Toward Defining The Parameters Of Consolidation Coal, 16 J. Marshall L. Rev. 49 (1982), Mark O'Brien

UIC Law Review

No abstract provided.

Bramblebush Revisited, Donald L. Burnett Jr.

Articles

No abstract provided.

Disqualification For Conflicts Of Interest And The Legal Aid Attorney, Marshall J. Breger

Scholarly Articles

This Article analyzes the effect of doctrinal developments regarding disqualification of counsel for conflicts of interest' on the practice of legal aid. "Conflict of interest" is the term used by lawyers to describe situations in which an attorney is unable to represent or to continue representing a client because of a competing allegiance. Although such conflicts may result from the personal or financial self-interest of attorneys, this Article focuses primarily on those conflicts which arise out of the intrusion of competing allegiances caused by clients with adverse or potentially adverse interests.

After considering the impact of the conflict of interest …

Policeman, Conscience Or Confidant: Thoughts On The Appropriate Response Of A Securities Attorney Who Suspects Client Violations Of The Federal Securities Laws, 15 J. Marshall L. Rev. 373 (1982), Martin B. Robins

UIC Law Review

No abstract provided.

Attorney Accountability In Kentucky--Liability To Clients And Third Parties, Gerald P. Johnston

Kentucky Law Journal

No abstract provided.

Confidentiality And The "Dangerous" Patient: Implications Of Tarasoff For Psychiatrists And Lawyers, Vanessa Merton

Elisabeth Haub School of Law Faculty Publications

This essay examines the role conflict of the professional whose patient or client may be “dangerous” to others, and the ways in which professional standards of ethics and practice, incorporated by judicial ruling, contribute to that role conflict. The paper's focus is on the plight of the psychiatrist, but it also addresses the strain felt by the lawyer who either represents such a client or is asked to advise a psychiatrist who has such a patient. It suggests that health-care providers are not altogether justified in assigning sole responsibility for some of their professional difficulties to the law's incursions on …

Solicitation And The Uncertain Status Of The Code Of Professional Responsibility In Kentucky, Eugene R. Gaetke

Law Faculty Scholarly Articles

In 1969 the Kentucky Supreme Court adopted the American Bar Association's Code of Professional Responsibility as the disciplinary rules binding upon attorneys practicing in the state. The Court adopted the Code as an apparent attempt to provide the Kentucky bench and bar the certainty and guidance offered by a codification of the frequently subjective and occasionally nebulous body of law known as legal ethics. The Court used particular language in its rule adopting the Code, however, which renders uncertain the precise status of the Code in Kentucky. As a result, a conscientious practitioner in Kentucky cannot confidently look to the …

Kentucky Law Survey: Professional Responsibility, Eugene R. Gaetke, Rebecca G. Casey

Law Faculty Scholarly Articles

In the face of persistent criticism of the legal profession, from within as well as without, the Kentucky Supreme Court exhibits a certain degree of ambivalence toward issues of professional responsibility. This ambivalence manifests itself in two ways.

First, the Court's treatment of different categories of professional misconduct seems at times unjustifiably inconsistent. The Court reacts to certain misconduct in an almost uniformly harsh manner, evincing the attitude of a strict disciplinarian for the practicing bar. Occasionally, however, the Court responds to various other kinds of equally gross misconduct with apparently undue leniency. In such cases the Court seems to …

Comment On The Plain English Movement, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

The purpose of this comment is to demonstrate that plain English contracts may carry more risks than benefits; the approach may, in fact, present a regressive stage in the evolution of consumer law.

Declaratory Judgments In Texas - Mandatory Or Discretionary., Robert W. Calvert

St. Mary's Law Journal

Abstract Forthcoming.

Offensive Collateral Estoppel And Products Liability: Reasoning The Unreasonable., Kurt Erlenbach

St. Mary's Law Journal

Abstract Forthcoming.

Neither Conservation Amendment Nor Police Power Of State Justifies The Taking Of Vested Riparian Rights Without Compensation Under Texas Water Rights Adjudicated Act Of 1967., Janet M. Drewry

St. Mary's Law Journal

Abstract Forthcoming.

Lawyer Advertising: Permissibility Of Indicating The Nature Of Legal Practice In Advertisements, Kenneth J. Alcott

University of Richmond Law Review

Canon 27 of the ABA Canons of Professional Ethics, adopted by the American Bar Association in 1908, provided that it was "unprofessional" for lawyers to advertise or solicit professional employment. This prohibition made sense in a time when most lawyers were general practitioners and communities were small, so that a lawyer's reputation was well known. However, the increasing size and complexity of both society and the law have made it necessary for lawyers to select certain areas of law in which to practices in order to develop the expertise necessary to deal with today's complex legal issues. A corresponding need …

Legal Malpractice In Virginia: Tort Or Contract?, R. Paul Childress Jr.

University of Richmond Law Review

A client who attempts to recover from an attorney does so because the client feels that the attorney has acted negligently. The concepts of standard of care, negligence, and damages are usually associated with actions in tort. However, while an examination of applicable Virginia law reveals that concepts usually associated with tort apply to legal malpractice, the presence of elements of negligence does not always equal tort.

Truthfulness In Negotiation, Thomas F. Guernsey

University of Richmond Law Review

A great deal has been written on truthfulness in trial advocacy. In his talks and writing, Monroe Freedman sparked the most current version of the debate, though the debate is much older. Given the age of this debate, it is surprising to find that there has been little discussion of truthfulness in the related area of negotiation. A survey of law review articles, cases and ethical opinions reveals little in the way of discussion or guidance. Indeed, books prepared on negotiation are quite limited in their consideration of the ethical issues involved.

The Judge's Role In The Enforcement Of Ethics - Fear And Learning In The Profession, John M. Levy

Faculty Publications

No abstract provided.

Ethical Issues In The Representation Of Individuals In The Commitment Process, Michael L. Perlin, Robert Sadoff

Articles & Chapters

No abstract provided.

Solicitation And The Uncertain Status Of The Code Of Professional Responsibility In Kentucky, Eugene R. Gaetke

Kentucky Law Journal

No abstract provided.

Christian Lawyer Stories And American Legal Ethics, Thomas L. Shaffer

Journal Articles

My view of legal ethics rests on, or at least involves, a couple of biases. For one thing, I think of legal ethics as an ethical subject rather than as a legal subject. When it comes to "professional responsibility" I am more interested in morals than I am in law. In this (and in very little else), I am in agreement with Dean Monroe Freedman, who said, in a lecture dedicated to the memory of Pope John XXIII, that the question which interests him is whether a good person can be a lawyer. For Freedman, I think, and for me, …

The Legal Ethics Of Servanthood, Thomas L. Shaffer

Journal Articles

I would like mainly to talk with you about, a consequential question, and that is whether the ethics of the New Testament are of any value in discussing professional morality. Such a question is probably f value to Jews and Christians; the New Testament is mostly about Jesus of Nazareth and (1) professionals to whom Jesus is of ultimate importance might claim to find value for their lives in his life. And (2) the God of Jesus is the God of Israel. The moral principles of Jesus are the moral principles of Israel. The question is of value, too, I …

Moral Theology In Legal Ethics, Thomas L. Shaffer

Journal Articles

I am talking at a Lutheran university and therefore should probably have some theses, some propositions that I could nail to the chapel door. But I'm afraid I have failed Martin Luther: I have only one thesis and it is not ready for a nail. It is still as much a question as a thesis. My question is whether there is any point in including moral theology in the study of legal ethics in the university. Let me be candid: I teach the typical required course in "professional responsibility," and I do a lot of writing on ethics, and I …

Civil Procedure - In Personam Jurisdiction - In Personam Jurisdiction May Be Exercised Over A Foreign Corporation Which Has Engaged In Continuous And Substantial Business Transactions In Texas For Cuases Of Action Unrelated To Those Transactions., David H. Brock

St. Mary's Law Journal

Abstract Forthcoming.

Bona Fide Seniority Systems Adopted Before And After Civil Rights Act Of 1964 Are Immune From Attack Unless Result Of Intention To Discriminate., Diane M. Weidert

St. Mary's Law Journal

Abstract Forthcoming.