Legal Ethics and Professional Responsibility Commons^™

Class Gifts Of Future Interests: When Is Survival Required?, Herman L. Trautman

Vanderbilt Law Review

Because of recent significant developments, this article will under-take to deal with the requirement of survival in class gifts of future interests both with respect to the responsibility of a lawyer who plans an estate and with the problem confronting the courts in the many cases where either holographic wills are allowed or lawyers fail to discharge their professional responsibility concerning this litigious issue. By way of introduction, it will first stress the importance of a proper training for professional responsibility in this area. It will then attempt to provide a proper perspective for the courts to deal with the …

Book Reviews, Henry N. Wieman, Jerome Hall

Vanderbilt Law Review

The problem discussed by Professor Stumpf in his book Morality and the Law can be summarized by these questions: Do we have two kinds of prescribed conduct, one prescribed by morality independent of the government, the other prescribed by government independent of morality? Or is prescription by government necessarily moral because government is necessarily moral by reason of being the government? If not, under what conditions, if any, does prescription by government become a moral prescription? Under what conditions, if any, is government, by law, a matter of expedience, not to be confused with morality?

reviewer: Henry Nelson Wieman

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Reactions To Current Legal Literature, Arthur John Keeffe

Publicity & News Clippings

No abstract provided.

Toward A Restatement Of Professional Ethics, William F. Swindler

Faculty Publications

The attitude of the courts and the practitioners is in a state of change, recognizing instances where group-practice is necessary and proper. Professor Swindler asserts that the Canons of Ethics must be revised to indicate the acceptance by the legal profession of such group-practice, particularly if the indigent and low-income client is to be served properly. Suggested revisions to the applicable Canons reflect the author's opinion.

Abstracts Fo Recent Cases, Ellen Fairfax Warder

West Virginia Law Review

No abstract provided.

Legislation, Law Review Staff

Vanderbilt Law Review

Federal Diversity Jurisdiction--Citizenship for Unincorporated Associations

In 1889 the United States Supreme Court ruled in Chapman v.Barney' that a New York joint stock company was not to be considered a "citizen" for purposes of federal diversity jurisdiction. This decision provided the basis for the rule that unincorporated associations are not considered juridical persons, and that the citizenship of their individual members is determinative of federal diversity.

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Protecting the Client When His Lawyer Dies

The problems which arise when a practicing attorney suddenly diestake many shapes. Those which face the law firm are of both an ethical nature, involving the …

Foreword: Assisting The Inevitable, Henry J. Friendly

Publicity & News Clippings

No abstract provided.

The Case For Judicial Disciplinary Measures, Jack E. Frankel

Publicity & News Clippings

No abstract provided.

Legal Ethics - Canon 19, John Ralph Kenrick

Duquesne Law Review

The Supreme Court of Pennsylvania has suggested by way of dicta that it can be unethical for an attorney to act as trial counsel in a case wherein his partner will appear as a material witness.

Weiherer v. Werley, 422 Pa. 18, 221 A.2d 133 (1966).

Book Review, Paul D. Carrington

Faculty Scholarship

Reviewing Thurman Arnold, Fair Fights and Foul: A Dissenting Lawyer's Life (1965)

A Prosecutor's View, Arlen Specter

Villanova Law Review (1956 - )

No abstract provided.

A Defense Attorney's View, Percy Foreman

Villanova Law Review (1956 - )

No abstract provided.

A Bar Association View, Robert L. Trescher

Villanova Law Review (1956 - )

No abstract provided.

Addendum: Comments On Sheppard V. Maxwell, 384 U.S. 333 (1966), Robert B. Mckay, Fred Graham

Villanova Law Review (1956 - )

No abstract provided.

Legal Ethics And The Poverty Program, Kenneth D. Korosec

Cleveland State Law Review

This paper has attempted to reconcile the neighborhood legal services plan with the existing Canons of Professional Ethics.The prime argument is that the plan provides benefits to society, and that the Canons were designed to prevent evils far different from the questions presented by the project. This is the fundamental issue: whether the canons are merely bent, or, in reality, broken. In either event, the canons should not prevent justice for those too poor to pay for a lawyer. The"redeeming social interest" spoken of by the Court in obscenity cases and the "overriding social importance" talked about in social legislation …

A Report On Judicial Ethics, Gray Thoron

Cornell Law Faculty Publications

While the ethics of the American judiciary cover a broad spectrum, both good and bad, the general over-all level of judicial ethical performance is relatively high. Most judges are honest and honorable. Where dissatisfaction is apparent, it is far more frequently directed at judicial competence than at judicial integrity and ethics. Corruption, dishonesty, susceptibility to political pressure, and other ethical lapses are, however, not unknown, and on very rare occasions have been extremely bad. The ethical obligations of the judiciary extend far beyond the basic essentials of honesty, impartiality, and fairness. Judges must not only avoid evil or wrongdoing, but …

Solicitation By And For Attorneys, Richard R. Gygli, Gordon W. Larson

Cleveland State Law Review

The young attorney often may have time on his hands. He may be tempted to increase his following by advertising or by soliciting clients, but rules of the bar and statutes against solicitation prevent this. There are, of course, some forms of advertising open to all lawyers. National directories and law lists, such as the Martin dale-Hubbell Law Directory, theoretically published only for lawyers, not only advertise the attorney and his firm, but also list the names of any clients whom he wishes to give as representative of his practice and his specialties.

Professional Ethics In Criminal Trials: A View Of Defense Counsel's Responsibility, David G. Bress

Michigan Law Review

More than thirty years ago, in Berger v. United States, Mr. Justice Sutherland described the heavy and multiple responsibility assumed by a prosecutor. The United States Attorney, he asserted, not only must be an advocate for the prosecution, but also must ensure that justice prevails. The Justice stated: "It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one."

Professional Responsibility Of The Criminal Defense Lawyer: The Three Hardest Questions, Monroe H. Freedman

Michigan Law Review

In almost any area of legal counseling and advocacy, the lawyer may be faced with the dilemma of either betraying the confidential communications of his client or participating to some extent in the purposeful deception of the court. This problem is nowhere more acute than in the practice of criminal law, particularly in the representation of the indigent accused.

The Purposes Of Advocacy And The Limits Of Confidentiality, John T. Noonan Jr.

Michigan Law Review

The privilege of confidentiality between lawyer and client is a significant barrier to the search for truth and the attainment of justice. Since bankers, accountants, psychiatrists, and confessors are not entitled at common law to confidentiality in their relationships with those with whom they deal, one may well inquire why lawyers possess such an extraordinary privilege. In the early English case which established the lawyer-client privilege, counsel offered several justifications: (I) A "gentleman of character" does not disclose his client's secrets. (2) An attorney identifies himself with his client, and it would be "contrary to the rules of natural justice …

Professional Responsibility Of The Criminal Defense Lawyer: The Three Hardest Questions, Monroe H. Freedman

Hofstra Law Faculty Scholarship

In almost any area of legal counseling and advocacy, the lawyer may be faced with the dilemma of either betraying the confidential communications of his client or participating to some ex-tent in the purposeful deception of the court. This problem is no-where more acute than in the practice of criminal law, particularly in the representation of the indigent accused. The purpose of this article is to analyze and attempt to resolve three of the most difficult issues in this general area:

1. Is it proper to cross-examine for the purpose of discrediting the reliability or credibility of an adverse witness …

Symposium On A Free Press And A Fair Trial - Introduction, Donald W. Dowd

Villanova Law Review (1956 - )

No abstract provided.

A Newspaperman's View, Fred Graham

Villanova Law Review (1956 - )

No abstract provided.

A Radio And Television Newsman's View, William B. Monroe

Villanova Law Review (1956 - )

No abstract provided.

A Judicial View, William F. Smith

Villanova Law Review (1956 - )

No abstract provided.

Meeting Of Special Committee On Evaluation Of Ethical Standards, American Bar Association

American Bar Association Historical Documents on Ethics

Transcript of the December 3-4, 1965 meeting held in Austin, TX.

Correctional Internships - A Wisconsin Experiment In Education For Professional Responsibility, Edward L. Kimball

Journal of Legal Education

No abstract provided.

Disciplining Attorney For Nonprofessional Conduct

Washington and Lee Law Review

No abstract provided.

Scientific Eclat And Technological Change: Some Implications For Legal Education, George T. Frampton

Michigan Law Review

The law-trained man has frequently been viewed as faced toward the past and preoccupied with precedent, form, words, technicalities, and money. Well might such a man be the fitting product of an educational diet of moldering appellate case opinions taken Socratically with a few crusts of casebook "notes" and classroom lapses into lecture. This is not a man for the season of scientific successes or for a society transformed by technological change.

What's In A Name? California Sets The Style, Jack E. Frankel

Publicity & News Clippings

No abstract provided.