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Full-Text Articles in Legal Ethics and Professional Responsibility

Revision, Not Rejection, Is The Way To Modernize The Code Of Professional Responsibility, Allen B. Zerfoss Jan 1981

Revision, Not Rejection, Is The Way To Modernize The Code Of Professional Responsibility, Allen B. Zerfoss

Villanova Law Review (1956 - )

No abstract provided.


Symposium Proceedings, Various Editors Jan 1981

Symposium Proceedings, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Legal Ethics: Legal Rules And Professional Aspirations, Geoffrey C. Hazard Jr. Jan 1981

Legal Ethics: Legal Rules And Professional Aspirations, Geoffrey C. Hazard Jr.

Cleveland State Law Review

The bar is now generally aware that a revised set of Rules of Professional Conduct has been proposed to, and is being considered by, the American Bar Association. These proposed Model Rules, if endorsed by the ABA, will be presented for adoption in the several states. If adopted in a state, the Model Rules would replace the present Code of Professional Responsibility.


Lawyer Competence And The Law Schools, Roger C. Cramton Jan 1981

Lawyer Competence And The Law Schools, Roger C. Cramton

University of Arkansas at Little Rock Law Review

No abstract provided.


Final Draft Of The Model Rules Of Professional Conduct, American Bar Association Jan 1981

Final Draft Of The Model Rules Of Professional Conduct, American Bar Association

American Bar Association Historical Documents on Ethics

This pullout supplement to the October, 1981 issue of the American Bar Association Journal contains the final draft of the Model Rules of Professional Conduct as prepared and published by the American Bar Association Commission on Evaluation of Professional Standards on May 30, 1981. Because of space limitations, “Legal Background” notes, certain tables, and the index that appear in the Commission's publication have been omitted from this supplement. The Commission also has issued the Model Rules in an alternative draft in the format of the Model Code of Professional Responsibility.


Legal Services For Poor People, Thomas Ehrlich Jan 1981

Legal Services For Poor People, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.


Singing Those Law Office Blues, Gary A. Munneke Jan 1981

Singing Those Law Office Blues, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

There were 2,750 young lawyers, 1.8 percent of all young attorneys in the ABA, who responded to the Career Satisfaction Survey. The preliminary survey involved in-depth interviews with 150 young lawyers. The final questionnaire was based upon these interviews. The responses were many and varied, and it was difficult to find many answers "In common. Some respondents found it necessary to elaborate on their answers by writing comments in the columns of the survey. A few of these answers are included because they were both humorous and enlightening.


The Future Of The Chinese Wall Defense To Vicarious Disqualification Of A Former Government Attorney's Law Firm Jan 1981

The Future Of The Chinese Wall Defense To Vicarious Disqualification Of A Former Government Attorney's Law Firm

Washington and Lee Law Review

No abstract provided.


Corporate Attorney-Client Privilege - New Emphasis On The Lawyer's Need To Know: Upjohn Co. V. United States, Michael J. Viscount Jr. Jan 1981

Corporate Attorney-Client Privilege - New Emphasis On The Lawyer's Need To Know: Upjohn Co. V. United States, Michael J. Viscount Jr.

University of Richmond Law Review

In seeking the advice of legal counsel, the corporation may, out of necessity, communicate through its representatives confidential secrets about its conduct in business. As is the case with individuals, it is well settled that a corporation may avail itself of the evidentiary privilege which allows concealment of such confidential communications. This so-called attorney-client privilege is the oldest of the privileges for confidential communications known to the common law. However, its application in the corporate context has been quite unpredictable for the past twenty years.


Professional Responsibility Issues In International Law Practice , Roger J. Goebel Jan 1981

Professional Responsibility Issues In International Law Practice , Roger J. Goebel

Faculty Scholarship

The present Code of Professional Responsibility (CPR) is essentially geared to guide the conduct of the lawyer as advocate or litigator. It is certainly of assistance to the American international lawyer in establishing guidelines for his conduct, but only of limited assistance since the international lawyer usually serves more as an advisor to, or negotiator for, his clients. In contrast, the recent ABA draft Model Rules of Professional Conduct (MRPC) provide a more useful basis for examination of the international lawyer's ethical responsibilities, as they do in many respects for the corporate or commercial lawyer who assists domestic clients in …


Kentucky Law Survey: Professional Responsibility, Eugene R. Gaetke, Rebecca G. Casey Jan 1981

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

Kentucky Law Journal

No abstract provided.


The Moral Theology Of Atticus Finch, Thomas L. Shaffer Jan 1981

The Moral Theology Of Atticus Finch, Thomas L. Shaffer

Journal Articles

Heroes are identified by the needs of those who choose them. In the case of Atticus Finch, heroism centered on his insistence in telling the truth. In this article, Thomas L. Shaffer explores the idea that this truth was (I) an expression of the person he was and of the community he sought for his children and neighbors; (II) an expression of the virtue of courage and also (and therefore) the expression of a theology; (III) a political act; and (IV) a professional act. As early as 1854, Judge Sharswood (chief justice, law dean and eminent lawyer) could draw a …


Choice Of Federal Or State Law For Attorneys' Professional Responsibility In Securities Matters, Ted J. Fiflis Jan 1981

Choice Of Federal Or State Law For Attorneys' Professional Responsibility In Securities Matters, Ted J. Fiflis

Publications

Professional standards of duty are implicated in the federal securities laws in two types of cases: those instituted by the SEC to impose sanctions for lack of character or unethical conduct and those brought by the SEC or private parties for violations of substantive provisions of the securities laws. The question faced by Professor Fiflis is whether state or federal standards should define the duties imposed under these laws. He argues that the proper method of resolving this question is to apply an interest analysis. Analyzing the various state and federal interests leads Professor Fiflis to the conclusion that federal …


Judge Frankel And The Adversary System, William T. Pizzi Jan 1981

Judge Frankel And The Adversary System, William T. Pizzi

Publications

No abstract provided.


The Kutak Model Rules V. The American Lawyer's Code Of Conduct, Monroe H. Freedman Jan 1981

The Kutak Model Rules V. The American Lawyer's Code Of Conduct, Monroe H. Freedman

Villanova Law Review (1956 - )

No abstract provided.


Mandatory Pro Bono: Historical And Constitutional Perpectives, Steven B. Rosenfeld Jan 1981

Mandatory Pro Bono: Historical And Constitutional Perpectives, Steven B. Rosenfeld

Cardozo Law Review

In January 1980, the American Bar Association's Commission on Evaluation of Professional Standards circulated a discussion draft of the Model Rules of Professional Conduct. If adopted by the ABA House of Delegates, the Model Rules would replace the current ABA Code of Professional Responsibility. The 1980 discussion draft generated considerable controversy; Rule 8.1 of the 1980 draft, which Mr. Rosenfeld's Article bears upon, mandated a public interest legal service obligation for all practicing attorneys, and was one of the most controversial features of the Model Rules. Simultaneously, a Special Committee of the Association of the Bar of the City of …


Henry Knox And The Moral Theology Of Law Firms, Thomas L. Shaffer Jan 1981

Henry Knox And The Moral Theology Of Law Firms, Thomas L. Shaffer

Journal Articles

One of the reasons we modern American lawyers find the "golden age" of our 19th century forebears attractive is that it was morally unambiguous. It seems to have been an age of giants who were consistent. The "republican" lawyers who wrote our first statements on legal ethics were moral theologians as well as leaders—and they found no difficulty in being both. David Hoffman, who attracted as much applause from the conservative Calvinists at Princeton Theological Seminary as he attracted from the bench and bar, drew no distinction between the morals he practiced at home and the morals he practiced in …


From Tort To Crime: Some Reflections On The Criminalization Of Fiduciary Breaches And The Problematic Line Between Law And Ethics, John C. Coffee Jr. Jan 1981

From Tort To Crime: Some Reflections On The Criminalization Of Fiduciary Breaches And The Problematic Line Between Law And Ethics, John C. Coffee Jr.

Faculty Scholarship

Within the context of mail and wire fraud prosecutions, criminal liability for breach of fiduciary duties is being imposed with increasing frequency. Professor Coffee discusses the disturbing failure of the courts to require that the fiduciary's conduct have caused legally cognizable harm to the beneficiary. He concludes that an affirmative defense should be available to fiduciaries to show the lack of proximate cause between a breach and the injury. In addition, federal enforcement should occur only after state and private remedies have proven inadequate.


Save The Legal Services Corporation, Thomas Ehrlich Jan 1981

Save The Legal Services Corporation, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.


Client-Lawyer Confidentiality, William D. Popkin Jan 1981

Client-Lawyer Confidentiality, William D. Popkin

Articles by Maurer Faculty

No abstract provided.


The Euthanasia Of Radically Defective Neonates: Some Statutory Considerations, E. H. W. Kluge Nov 1980

The Euthanasia Of Radically Defective Neonates: Some Statutory Considerations, E. H. W. Kluge

Dalhousie Law Journal

Advances in medical technology, discoveries in pharmacology, an developments in bio-engineering have made it possible for the modem physician to save and/or sustain the lives of individuals who but a few decades ago would have died. These developments have proved a mixed blessing. While on the one hand they have allowed the physician to exercise his profession more successfully, on the other they have opened up before him a domain of decision problems that few of his predecessors have had to face. The thrust of these problems may be focussed into a single question: Ought he to employ the techniques, …


Law, Society, And Moral Order: Introduction To The Symposium, Richard D. Schwartz Nov 1980

Law, Society, And Moral Order: Introduction To The Symposium, Richard D. Schwartz

BYU Law Review

No abstract provided.


The Jury As A Source Of Reasonable Search And Seizure Law, Ronald J. Bacigal Nov 1980

The Jury As A Source Of Reasonable Search And Seizure Law, Ronald J. Bacigal

BYU Law Review

No abstract provided.


Law, The Problems Of Poverty, And The "Myth Of Rights", Michael Diamond Nov 1980

Law, The Problems Of Poverty, And The "Myth Of Rights", Michael Diamond

BYU Law Review

No abstract provided.


In Search Of A Role For The Legal System, Fernando E. Agrait Nov 1980

In Search Of A Role For The Legal System, Fernando E. Agrait

BYU Law Review

No abstract provided.


The Gap Between Law And Moral Order: An Examination Of The Legitimacy Of The Supreme Court Abortion Decisions, Lynn D. Wardle Nov 1980

The Gap Between Law And Moral Order: An Examination Of The Legitimacy Of The Supreme Court Abortion Decisions, Lynn D. Wardle

BYU Law Review

No abstract provided.


Dworkin's Rights Thesis: Implications For The Relationship Between The Legal Order And The Moral Order, Livingston Baker Nov 1980

Dworkin's Rights Thesis: Implications For The Relationship Between The Legal Order And The Moral Order, Livingston Baker

BYU Law Review

No abstract provided.


Client Perjury: The Kutak Commission And The Association Of Trial Lawyers On Lawyers, Lying Clients, And The Adversary System, Charles W. Wolfram Oct 1980

Client Perjury: The Kutak Commission And The Association Of Trial Lawyers On Lawyers, Lying Clients, And The Adversary System, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.


Report And Recommendations On Study Of The Model Rules Of Professional Conduct (Discussion Draft Of January 30, 1980), National Organization Of Bar Counsel Aug 1980

Report And Recommendations On Study Of The Model Rules Of Professional Conduct (Discussion Draft Of January 30, 1980), National Organization Of Bar Counsel

Miscellaneous Materials

No abstract provided.


Review Essay, The Model Rules Of Professional Conduct, James Stark Jul 1980

Review Essay, The Model Rules Of Professional Conduct, James Stark

Faculty Articles and Papers

No abstract provided.