Legal Ethics and Professional Responsibility Commons^™

Prosecutorial Discretion, Plea Bargaining And The Supreme Court's Opinion In Bordenkircher V. Hayes, William T. Pizzi

Publications

No abstract provided.

The Corporate And Securities Adviser, The Public Interest, And Professional Ethics, Simon M. Lorne

Michigan Law Review

It is the thesis of this Article that we, as a society, need to make deliberate decisions about the proper role of the corporate adviser, and, when that function has been defined, to develop a structure within which it can be performed. As the Article makes clear, the logical choices involve what might be described as either revolutionary change or reactionary change. That is, the current trends should either be accelerated or reversed; the present situation is intolerable. While the author will contend that the case for shifting into reverse is more persuasive, getting into a gear, and out of …

Kentucky Law Survey: Professional Responsibility, Deedra Benthall

Kentucky Law Journal

No abstract provided.

The Myth Of Legal Ethics, Eric Schnapper

Articles

The moral platitudes found in the Code of Professional Responsibility have little to do with legal ethics as actually enforced.

The Ideology Of Advocacy: Procedural Justice And Professional Ethics, William H. Simon

Faculty Scholarship

Conventional morality frowns at the ethics of advocacy. Public opinion disapproves of what it considers the lawyer's most characteristic activities. Popular culture can reconcile itself to him only by pretending that all his clients are virtuous. The lawyer's response takes the form of a dialectic of cynicism and naiveté. On one hand, he sees his more degrading activities as licensed by a fundamental amorality lying beneath conventional morality. On the other hand, he sees his more heartening ones as serving an institutional justice higher than conventional morality. The two moods divide the profession as a whole, and the division can …

Giving Low-Income Americans Minimum Access To Legal Services, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

Book Review. Lawyers, Law Students And People By Thomas L. Shaffer And Robert S. Redmount, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Special Committee On The Evaluation Of Professional Standards Journal, December 16-17, 1977, American Bar Association

American Bar Association Historical Documents on Ethics

Transcript of the December 16-17, 1977 meeting held in New York, NY.

The Solicitor General And Intragovernmental Conflict, Michigan Law Review

Michigan Law Review

This Note considers the way in which the Solicitor General has resolved-and should resolve-such ambiguities in his role as advocate for the United States. First, the Note examines the accommodation of interests represented by the Solicitor General's responses to discordant obligations. Second, it analyzes the common law and statutory sources of the Solicitor General's responsibilities. Finally, the proper role of the Solicitor General is assessed, giving due consideration to his position .as mediator among interest groups within the government and to the institutional constraints to which he is subject.

Briggs V. Goodwin: Calling For A Reappraisal Of Prosecutorial Immunity From Constitutional Torts

William & Mary Law Review

No abstract provided.

Mead Data Central, Inc. V. United States Department Of The Air Force: Extending The Foia's Fifth Exemption

William & Mary Law Review

No abstract provided.

Landmark Communications, Inc. V. Virginia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Special Committee On The Evaluation Of Professional Standards Journal, September 29-October 1, 1977, American Bar Association

American Bar Association Historical Documents on Ethics

Transcript of the September 29 - October 1, 1977 meeting held in Aspen, CO.

Professional Discipline Of Solicitors In England, Michigan Law Review

Michigan Law Review

This Note begins with an examination of the disciplinary role of the Law Society, the solicitors' most important organization, and of the Society's attempt to prevent professional misconduct through regular financial audits and by providing advice to solicitors on questions of professional conduct and etiquette. It then describes the composition, function, and operation of the Disciplinary Tribunal, the statutorily created organization occupying the second level of the disciplinary system. Particular attention is directed toward recent statutory changes that provide for lay representation on the Tribunal. The Note concludes with a brief discussion of the appeals process and the procedures for …

The Right And The Power: The Prosecution Of Watergate, Barry D. Halpern

Florida State University Law Review

By Leon Jaworski. New York: Reader's Digest Press; Houston: Gulf Publishing Co. 1976. Pp. 305. $9.95 New York: Pocket Books. Pp. 372. $2.50.

The Prosecutor's Duty To Present Exculpatory Evidence To An Indicting Grand Jury, Michigan Law Review

Michigan Law Review

This Note explores the implications of the stark procedural disparities between prosecution by information and prosecution by indictment in those states where both methods are used. It first examines the consequences to a defendant of a prosecutor's decision to seek an indictment rather than proceed by information, the reasons underlying the discretion given the prosecutor to choose between the two methods, and the potential for abuse of this discretionary power. It then considers several alternative approaches for minimizing this potential for abuse. After rejecting possible constitutional objections to the disparity between indictment and information procedures and application of the common-law …

Legal Ethics And The Prosecuting Attorney, John O. Kizer

West Virginia Law Review

No abstract provided.

Attorneys' Problems In Making Ethical Decisions, Edwin Greenebaum

Indiana Law Journal

No abstract provided.

The Awarding Of Attorneys' Fees In Environmental Litigation

William & Mary Environmental Law and Policy Review

No abstract provided.

Attorney Misappropriation Of Clients' Funds: A Study In Professional Responsibility, Gregory Dunbar Soule

University of Michigan Journal of Law Reform

The legal profession has initiated disciplinary processes and clients' security funds in order to achieve certain objectives. This article will delineate these objectives and evaluate whether they have been satisfied. Moreover, it will propose additional goals that the legal profession, given its present status as a self-regulating profession, should attain in satisfying its responsibility for governing the professional conduct of its members. Finally, additional measures that several states have instituted in order to complement the efforts of disciplinary agencies and clients' security funds by fulfilling unsatisfied needs of professional responsibility will be examined.

The Privilege Against Self-Incrimination In Bar Disciplinary Proceedings: What Ever Happened To Spevack, Miriam Brenaman Duff

Villanova Law Review (1956 - )

No abstract provided.

A Higher Duty: A New Look At The Ethics Of The Corporate Lawyer, Harvey Frank

Cleveland State Law Review

Although it has not always been clear to the legal profession that the conduct of its most powerful clients affects ethical responsibilities, the resulting problems have become more evident in recent years to the courts, the Securities Exchange Commission (SEC), and members of the bar. Recent developments have been diffuse, and include a changing legal conceptualization of corporations as well as numerous considerations involved in corporate legal representation. Viewed together and placed into focus, these developments shed considerable light on the sometimes conflicting duties of the corporate lawyer to clients and to the public. While some of these ethical questions …

Reflections On Estate Of Rothko: The Role Of The Legal Advisor In Relation To The Artist, Gustave Harrow

Cleveland State Law Review

Estate of Rothko reveals the type of responsibility a legal advisor to an artist ought to assume if he is to render a service designed to advance not only his client's monetary interests, but the integrity of his art and his artistic aspirations as well.

The Attempt To Improve Criminal Defense Representation, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

Improvement of criminal defense representation is one of the most critical problems that faces the criminal justice system. The problem is extensive; some attorneys are frequently ineffective and probably all attorneys are occasionally inadequate because of error, overwork, personal problems or ethical conflicts.

The defendant's only remedy against his attorney's ineffectiveness is through direct appeal or collateral post-conviction attack. This article discusses the reasons why courts cannot improve defense representation through these avenues of review. Deep disagreement among judges about the purpose of post-conviction review has crippled any attempt at improvement. The key unresolved question is whether the standard for …

A Higher Duty: A New Look At The Ethics Of The Corporate Lawyer, Harvey Frank

Faculty Publications

No abstract provided.

An Approach To The Teaching Of Professional Responsibility To First Year Law Students, C. Paul Rogers Iii.

Faculty Journal Articles and Book Chapters

No abstract provided.

Lawyers And Justice: The Uneasy Ethics Of Partisanship, Harry W. Jones

Villanova Law Review (1956 - )

No abstract provided.

Legal Ethics And The Government Lawyer, Eric Schnapper

Articles

All litigation presents to some degree, real though not always perceived, a conflict between each attorney's responsibility as a representative of his or her client and as an officer of the court. Winning the case and seeing that justice is done must be inconsistent goals for counsel on at least one side in a case, if not on both. However substantial this problem may be regarded, it is certainly more complex for counsel for the government. Unlike a private attorney subject to dismissal for ignoring a client's wishes, counsel for the government often has, subject to the variables of intragovernmental …

Conflict Of Interest, Robert H. Aronson

Articles

The purpose of this article is to indicate situations in which conflict of interest problems most commonly arise and to suggest principles for avoiding such situations or resolving unavoidable conflicts. Part One presents an overview of the subject, with a discussion of general principles underlying conflict of interest problems. Part Two applies these general' principles to a number of frequently encountered problem areas. Throughout the discussion, the author approaches problem situations with a cautious eye. Not every court or grievance committee would impose discipline or invalidate a transaction for all the conflicts scrutinized herein; nevertheless, the possibility of such measures …

"Ethics" And The Study And Practice Of Law: The Problem Of Being Professional In A Fuller Sense, James F. Bresnahan S.J.

Journal of Legal Education

No abstract provided.