Open Access. Powered by Scholars. Published by Universities.®

Legal Ethics and Professional Responsibility Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 7321 - 7350 of 7955

Full-Text Articles in Legal Ethics and Professional Responsibility

Settlement Strategy, Evaluation, And Brochures Lawyer's Forum - Settlements - New Perspectives., James L. Branton Jun 1980

Settlement Strategy, Evaluation, And Brochures Lawyer's Forum - Settlements - New Perspectives., James L. Branton

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

The Attorney-Client Privilege After Attorney Disclosure, Michigan Law Review May 1980

The Attorney-Client Privilege After Attorney Disclosure, Michigan Law Review

Michigan Law Review

This Note examines the interests that must be balanced in determining when an attorney's disclosure waives the attorney-client privilege. Part I presents three judicial standards defining the class of attorney disclosures that waive the privilege: the traditional client consent rule that only attorney disclosures to which the client has consented constitute waiver; the broader "implied authority" view that attorney disclosures made with the client's consent or with an intent to further the client's cause constitute waiver; and the still more expansive view that all attorney disclosures falling within the scope of the attorney's agency authority to act for the client …

Go to article

The Pro Bono Obligation: An Idea Whose Time Has Come (?), Robert M. Elardo Apr 1980

The Pro Bono Obligation: An Idea Whose Time Has Come (?), Robert M. Elardo

In the Public Interest

No abstract provided.

Go to article

Discovery Problems In Civil Cases, Joseph L. Ebersole, Barlow Burke Apr 1980

Discovery Problems In Civil Cases, Joseph L. Ebersole, Barlow Burke

Federal Judicial Center Reports

This publication is a product of a study undertaken in furtherance of the Center's statutory mission to conduct and stimulate research and development on matters of judicial administration. The analyses, conclusions, and points of view are those of the authors. This work has been subjected to staff review within the Center, and publication signifies that it is regarded as responsible and valuable. It should be emphasized, however, that on matters of policy, the Center speaks only through its Board.

Go to article

Survey Of Developments In West Virginia Law: 1979 Apr 1980

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.

Go to article

A New Course Of Professional Responsibility: "The Profession In The Humanities", Paul Von Blum Mar 1980

A New Course Of Professional Responsibility: "The Profession In The Humanities", Paul Von Blum

Journal of Legal Education

No abstract provided.

Go to article

Assistance Of Counsel In Texas., Sam Houston Clinton, Brian William Mar 1980

Assistance Of Counsel In Texas., Sam Houston Clinton, Brian William

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Regulation Of Lawyer Advertising: In The Public Interest? (With R.P. Brosnahan), Lori B. Andrews Feb 1980

Regulation Of Lawyer Advertising: In The Public Interest? (With R.P. Brosnahan), Lori B. Andrews

All Faculty Scholarship

No abstract provided.

Go to article

Student Representation Of Indigent Defendants And The Sixth Amendment: On A Collision Course, Robert M. Hardaway Jan 1980

Student Representation Of Indigent Defendants And The Sixth Amendment: On A Collision Course, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

This article will review the parallel patterns of development of clinical education and the sixth amendment, highlighting areas in which the practices of the former either conflict, or contain the potential for conflict with the latter. An analysis will be made of the present legal status of law student representation of indigent criminal defendants, with reference primarily to constitutional and sixth amendment considerations, but also to such related matters as the confidentiality of student-client communications, law student professional responsibility, and the applicability to students of state bar disciplinary rules. Finally, guidelines will be proposed regarding the proper scope of student …

Go to article

Conflict Of Interest In Criminal Cases After Cuyler V. Sullivan: Time To Reconsider The Illinois Approach, 14 J. Marshall L. Rev. 1 (1980), Robert C. Perry Jan 1980

Conflict Of Interest In Criminal Cases After Cuyler V. Sullivan: Time To Reconsider The Illinois Approach, 14 J. Marshall L. Rev. 1 (1980), Robert C. Perry

UIC Law Review

No abstract provided.

Go to article

Attorney Malpractice In Illinois: An Early Chapter In A Book Destined For Great Length, 13 J. Marshall L. Rev. 309 (1980), Carl E. Kasten Jan 1980

Attorney Malpractice In Illinois: An Early Chapter In A Book Destined For Great Length, 13 J. Marshall L. Rev. 309 (1980), Carl E. Kasten

UIC Law Review

No abstract provided.

Go to article

Constitutional Law - Attorneys' Right To Free Speech Versus Protection Of Fair Trial - Dr 7-107 Restricting Attorneys' Speech During Pending Litigation Only Constitutional To Protect Criminal Jury Trial From Reasonable Likelihood Of Prejudice, Eugene Hamill Jan 1980

Constitutional Law - Attorneys' Right To Free Speech Versus Protection Of Fair Trial - Dr 7-107 Restricting Attorneys' Speech During Pending Litigation Only Constitutional To Protect Criminal Jury Trial From Reasonable Likelihood Of Prejudice, Eugene Hamill

Villanova Law Review (1956 - )

No abstract provided.

Go to article

The Role Of The Lawyer In Matrimonial Cases, Eric D. Turner Jan 1980

The Role Of The Lawyer In Matrimonial Cases, Eric D. Turner

Villanova Law Review (1956 - )

No abstract provided.

Go to article

Idaho V. Freeman - Judicial Disqualification: The Effect Of Religious Leadership On Judicial Impartiality, 14 J. Marshall L. Rev. 243 (1980), Gwenda M. Burkhardt Jan 1980

Idaho V. Freeman - Judicial Disqualification: The Effect Of Religious Leadership On Judicial Impartiality, 14 J. Marshall L. Rev. 243 (1980), Gwenda M. Burkhardt

UIC Law Review

No abstract provided.

Go to article

The Role Of The Law School In The Teaching Of Legal Ethics And Professional Responsibility, Warren E. Burger Jan 1980

The Role Of The Law School In The Teaching Of Legal Ethics And Professional Responsibility, Warren E. Burger

Cleveland State Law Review

My thesis is simple and straightforward. Every law school has a profound duty-and a unique opportunity-to inculcate principles of professional ethics and standards in its students. This duty should permeate the entire educational experience beginning with the first hour of the first day in law school.

Go to article

Love, Professional Responsibility, The Rule Of Law, And Clinical Legal Education, Steven H. Leleiko Jan 1980

Love, Professional Responsibility, The Rule Of Law, And Clinical Legal Education, Steven H. Leleiko

Cleveland State Law Review

The primary purpose of this article is to explore the tensions which arise in persons who come to law school because they view the practice of law as an expression of their love and concern for people. In examining the underlying causes of these tensions, six related factors will be looked at: (1) the relationship between the values of traditional legal education and the support or lack of support which these values afford to the affective characteristics of students; (2) the role of one's job as a means of expressing love; (3) the role of job satisfaction in one's life; …

Go to article

An Assessment Of Alternative Strategies For Increasing Access To Legal Services, Jeffrey W. Stempel Jan 1980

An Assessment Of Alternative Strategies For Increasing Access To Legal Services, Jeffrey W. Stempel

Scholarly Works

Since the late 1930s, lawyers have argued that their services are not used to the fullest advantage by a large segment of the population. More recently, other concerned groups such as trade unions and consumer organizations also have become convinced that there is an underutilization of lawyers' services, and that it is important to increase access to such services. As a result, attempts have been made to develop alternatives to the traditional methods of providing legal services that to date have proved inadequate in meeting the legal needs of the public. Legal clinics have proliferated, prepaid legal services plans have …

Go to article

Outside The Courtroom: Conflicts Of Interestsin Nonlitigious Situations, Carolyn R. Saffold-Heyward Jan 1980

Outside The Courtroom: Conflicts Of Interestsin Nonlitigious Situations, Carolyn R. Saffold-Heyward

Washington and Lee Law Review

No abstract provided.

Go to article

The Free Speech-Fair Trial Controversy: Dr 7-107, W. Jeffery Edwards Jan 1980

The Free Speech-Fair Trial Controversy: Dr 7-107, W. Jeffery Edwards

Washington and Lee Law Review

No abstract provided.

Go to article

Multiple Representation Of Targets And Witnesses During A Grand Jury Investigation, Peter W. Tague Jan 1980

Multiple Representation Of Targets And Witnesses During A Grand Jury Investigation, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

The propriety of one attorney representing several clients whose conduct is under investigation by a grand jury has been explored only superficially by the courts and the American Bar Association's Code of Professional Responsibility. Prosecutors nonetheless have often moved to disqualify counsel representing multiple clients in recent years, basing their motions both on the client's interest in loyal and competent representation and on the government's interest in the unimpeded progress of the grand jury investigation. Professor Tague discusses the factors that counsel should consider in deciding whether to undertake multiple representation at the grand jury stage, including strategy, ethics, and …

Go to article

The Adversary Model Is Bent, William T. Pizzi, Phillip S. Figa, Kenneth E. Barnhill, Jr. Jan 1980

The Adversary Model Is Bent, William T. Pizzi, Phillip S. Figa, Kenneth E. Barnhill, Jr.

Publications

No abstract provided.

Go to article

A Functional Analysis Of The Effective Assistance Of Counsel, A Note, Bruce A. Green Jan 1980

A Functional Analysis Of The Effective Assistance Of Counsel, A Note, Bruce A. Green

Faculty Scholarship

The sixth amendment provides that in all criminal prosecutions the accused shall enjoy the right "to have the Assistance of Counsel for his defence." The Supreme Court has construed this clause to guarantee to criminal defendants the "effective" assistance of counsel performing within a minimum standard of competency. Prevalent lower court interpretations of the right. to effective assistance require a showing that counsel's inadequate performance caused actual prejudice to the defendant's interest in obtaining an acquittal. Because most defendants are unable to demonstrate the actual impact upon the outcome of their trial of an attorney's departure from normal competency, courts …

Go to article

Machiavelli And The Bar: Ethical Limitations On Lying In Negotiation, James J. White Jan 1980

Machiavelli And The Bar: Ethical Limitations On Lying In Negotiation, James J. White

Articles

Upon the enactment of the Model Rules of Professional Conduct, published ethical norms will for the first time give explicit consideration to the lawyer's behavior in the process of negotiation. Rules 4.1, 4.2, and 4.3 deal with negotiation. Although the Canons, the interpretations of the Canons, and the Disciplinary Rules and Ethical Considerations gave tangential consideration to negotiating, 1 none of the Disciplinary Rules or Ethical Considerations explicitly considered negotiation apart from the process of litigation or counseling. The mere recognition of negotiation as a separate process worthy of unique rules is a large step. The purpose of this paper …

Go to article

Criminal Law - Ineffective Assistance Of Counsel - Burden On Defendant To Demonstrate That Serious Incompetency, Falling Measurably Below The Performance Ordinarily Expected Of Fallible Lawyers, Was Likely To Have Affected The Outcome Of Trial, Clifford H. Lange Jan 1980

Criminal Law - Ineffective Assistance Of Counsel - Burden On Defendant To Demonstrate That Serious Incompetency, Falling Measurably Below The Performance Ordinarily Expected Of Fallible Lawyers, Was Likely To Have Affected The Outcome Of Trial, Clifford H. Lange

Villanova Law Review (1956 - )

No abstract provided.

Go to article

Serving The Guilty, Thomas L. Shaffer Jan 1980

Serving The Guilty, Thomas L. Shaffer

Journal Articles

My purpose here is to ask whether there is a moral way for a lawyer to serve the guilty. I think this is an issue Mr. Rightor would have enjoyed. He was devoted to the instruction of future lawyers, particularly those who studied law at this law school and were enrolled in his classes in professional ethics. He was equally devoted, in the midst of a busy and successful law practice, to care and compassion for the occasional professional colleague who had, as Mr. McDonald said in his eulogy, "through ignorance or . . . financial plight . . . …

Go to article

The Civil And Criminal Liability Of Tax Advisors, Meyer Rothwacks Dec 1979

The Civil And Criminal Liability Of Tax Advisors, Meyer Rothwacks

William & Mary Annual Tax Conference

No abstract provided.

Go to article

The Failure Of Situation-Oriented Professional Rules To Guide Conduct: Conflicting Responsibilities Of The Criminal Defense Attorney Whose Client Commits Or Intends To Commit Perjury, Joni Hammersla Ostergaard Dec 1979

The Failure Of Situation-Oriented Professional Rules To Guide Conduct: Conflicting Responsibilities Of The Criminal Defense Attorney Whose Client Commits Or Intends To Commit Perjury, Joni Hammersla Ostergaard

Washington Law Review

The legal profession has long promulgated rules in an effort to guide attorneys toward appropriate ethical behavior. By formulating such rules and by enforcing them through professional discipline, the profession has undertaken the admirable task of policing its own members. The past decade has seen a proliferation of different standards for attorney conduct, in part because of common law developments in the areas of legal malpractice and ineffective assistance of counsel. In addition, the bar has contributed to the proliferation of conduct rules by establishing standing committees that have promulgated advisory ethical standards in certain specialized fields. Despite the increasing …

Go to article

Commission On Evaluation Of Professional Standards Journal, 10/1979: October 26-27, 1979, American Bar Association Oct 1979

Commission On Evaluation Of Professional Standards Journal, 10/1979: October 26-27, 1979, American Bar Association

American Bar Association Historical Documents on Ethics

Transcript of the October 26-27, 1979 meeting held in New Orleans, LA.

Go to article

Substitute Counsel's Access To Work Product Of Disqualified Counsel, Stephen M. Griffith Oct 1979

Substitute Counsel's Access To Work Product Of Disqualified Counsel, Stephen M. Griffith

William & Mary Law Review

No abstract provided.

Go to article

A Source Of Revenue For The Improvement Of Legal Services, Part I: An Analysis Of The Plans In Foreign Countries And Florida Allowing The Use Of Clients' Funds Held By Attorneys In Non-Interest-Bearing Trust Accounts To Support Programs Of The Organized Bar., Taylor S. Boone Sep 1979

A Source Of Revenue For The Improvement Of Legal Services, Part I: An Analysis Of The Plans In Foreign Countries And Florida Allowing The Use Of Clients' Funds Held By Attorneys In Non-Interest-Bearing Trust Accounts To Support Programs Of The Organized Bar., Taylor S. Boone

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

First Prev Next Last