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Legal Ethics and Professional Responsibility

1998

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Articles 1 - 30 of 40

Full-Text Articles in Legal Profession

Professional Secrecy And Its Exceptions: Spaulding V. Zimmerman Revisited, Roger C. Cramton, Lori P. Knowles Nov 1998

Professional Secrecy And Its Exceptions: Spaulding V. Zimmerman Revisited, Roger C. Cramton, Lori P. Knowles

Cornell Law Faculty Publications

No abstract provided.


Thinking Like A Lawyer Or Acting Like A Judge: A Response To Professor Simon, David Yellen Oct 1998

Thinking Like A Lawyer Or Acting Like A Judge: A Response To Professor Simon, David Yellen

Articles

Professor William Simon argues that the principal professional responsibility of all lawyers should be to "seek justice."' He defines this as pursuing the client's rights, but not the client's interests, if those interests are incompatible with the "truth." As a concrete example of this approach, Professor Simon states that it would normally be inappropriate for a lawyer to subject a vulnerable, but accurate, witness to cross examination intended to create the impression that the witness' testimony was mistaken.

In my view, Professor Simon's position would not really further "justice" at all. In these brief comments, by focusing on the likely …


The Revised Lawyer Discipline Process In Arkansas: A Primer And Analysis, Lawrence H. Averill Jr. Oct 1998

The Revised Lawyer Discipline Process In Arkansas: A Primer And Analysis, Lawrence H. Averill Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.


One Lawyer For The Family: A Response To Alysa Rollock, Patrick L. Baude Apr 1998

One Lawyer For The Family: A Response To Alysa Rollock, Patrick L. Baude

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997


The Boiling Pot Of Lawyer Conflicts In Bankruptcy, Charles W. Wolfram Apr 1998

The Boiling Pot Of Lawyer Conflicts In Bankruptcy, Charles W. Wolfram

Cornell Law Faculty Publications

I take up here only two modest pieces of the current puzzle of lawyer conflicts of interest in bankruptcy practice. One involves the decision of the American Law Institute (hereinafter "ALI") to sidestep the entire field in the course of drafting its Restatement of the Law Governing Lawyers (hereinafter "Restatement"). The other involves the decision of the National Bankruptcy Review Commission (hereinafter "NBRC") to refuse to recommend that Congress do anything at all major to disturb existing law in the same realm. Either the law of lawyer conflicts in bankruptcy has been blessed in its present state by two prestigious …


Bismarck's Sausages And The Ali's Resatements, Charles W. Wolfram Apr 1998

Bismarck's Sausages And The Ali's Resatements, Charles W. Wolfram

Cornell Law Faculty Publications



Reasonable Expectations In Families, Businesses, And Family Businesses: A Comment On Rollock, Terry A. O'Neill Apr 1998

Reasonable Expectations In Families, Businesses, And Family Businesses: A Comment On Rollock, Terry A. O'Neill

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997


Private Bar Monitors Public Defense - Oversight Committee Sets Standards For Indigent Defense Providers, Adele Bernhard Apr 1998

Private Bar Monitors Public Defense - Oversight Committee Sets Standards For Indigent Defense Providers, Adele Bernhard

Articles & Chapters

The oversight committee drafted standards and guidelines with the primary goal of creating a yardstick for defense services organizations against which to measure performance and the hope that a practical set of standards serve multiple purposes, including: educating a skeptical public about what it takes to provide quality defense services; promoting an understanding of why adequate funding is necessary (to engender public support for more spending); and providing notice to the organizations themselves of what is expected of a publicly funded defense office.


Professional Responsibility And Organization Of The Family Business: The Lawyer As Intermediary, Alysa Christmas Rollock Apr 1998

Professional Responsibility And Organization Of The Family Business: The Lawyer As Intermediary, Alysa Christmas Rollock

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997


Professional Responsibility And Liability Issues Related To Limited Liability Law Partnerships, Susan Saab Fortney Mar 1998

Professional Responsibility And Liability Issues Related To Limited Liability Law Partnerships, Susan Saab Fortney

Faculty Scholarship

This article surveys the professional responsibility and liability issues related to attorneys practicing in limited liability law firms. Part I of this article provides background information regarding the development of the limited liability partnership (LLP) and its popularity among legal professionals. Part II tackles the 1996 ethics opinion on LLPs rendered by the American Bar Association Standing Committee on Ethics and Professional Responsibility. This article criticizes the ABA opinion by examining the conclusions and reasoning articulated in the opinion, indentifying disciplinary rules that the opinion did not address, and considering the possible effects of the opinion. Part III focuses on …


Mpre Reconsidered, The, Leslie Levin Jan 1998

Mpre Reconsidered, The, Leslie Levin

Faculty Articles and Papers

No abstract provided.


Professional Responsibility In Appellate Practice: A View From The Bench, Roger J. Miner '56 Jan 1998

Professional Responsibility In Appellate Practice: A View From The Bench, Roger J. Miner '56

Law Practice

No abstract provided.


Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz Jan 1998

Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.


Law Firms, Technology, And The Double-Billing Dilemma, 12 Geo. J. Legal Ethics 95 (1998), Kevin Hopkins Jan 1998

Law Firms, Technology, And The Double-Billing Dilemma, 12 Geo. J. Legal Ethics 95 (1998), Kevin Hopkins

UIC Law Open Access Faculty Scholarship

No abstract provided.


Ethics On The Web: An Annotated Bibliography Of Legal Ethics Material On The Internet, 28 Stetson L. Rev. 369 (1998), Darby Dickerson Jan 1998

Ethics On The Web: An Annotated Bibliography Of Legal Ethics Material On The Internet, 28 Stetson L. Rev. 369 (1998), Darby Dickerson

UIC Law Open Access Faculty Scholarship

No abstract provided.


Deposition Dilemmas: Vexatious Scheduling And Errata Sheets, 12 Geo. J. Legal Ethics 1 (1998), Darby Dickerson Jan 1998

Deposition Dilemmas: Vexatious Scheduling And Errata Sheets, 12 Geo. J. Legal Ethics 1 (1998), Darby Dickerson

UIC Law Open Access Faculty Scholarship

No abstract provided.


Judge Hits Quality Of Appellate Advocacy (New York Law Journal), Bill Alden Jan 1998

Judge Hits Quality Of Appellate Advocacy (New York Law Journal), Bill Alden

News Articles

No abstract provided.


Signed, Sealed, Delivered ... Disbarred - Notarial Misconduct By Attorneys, 31 J. Marshall L. Rev. 1085 (1998), Christopher B. Young Jan 1998

Signed, Sealed, Delivered ... Disbarred - Notarial Misconduct By Attorneys, 31 J. Marshall L. Rev. 1085 (1998), Christopher B. Young

UIC Law Review

No abstract provided.


Allocation Of Decisionmaking Between Defense Counsel And Criminal Defendant: An Empirical Study Of Attorney-Client Decisionmaking, Rodney J. Uphoff Jan 1998

Allocation Of Decisionmaking Between Defense Counsel And Criminal Defendant: An Empirical Study Of Attorney-Client Decisionmaking, Rodney J. Uphoff

Faculty Publications

In Commonwealth v. Woodward, the highly publicized murder trial of an au pair accused of killing an infant in her care, the defense team faced a strategic decision commonly encountered at trial: whether to request or to object to lesser included jury instructions. Put simply, the Woodward defense team had to decide whether to ask for an instruction that would permit the jury to return a manslaughter verdict, or to object to such an instruction, leaving the jury only the choice either to acquit the defendant or to convict her of second degree murder as charged in the indictment. Undoubtedly …


The Relevance Of Religion To A Lawyer's Work: Legal Ethics, Leslie C. Griffin Jan 1998

The Relevance Of Religion To A Lawyer's Work: Legal Ethics, Leslie C. Griffin

Scholarly Works

No abstract provided.


Informed Consent In Mediation: A Guiding Principle For Truly Educated Decisionmaking , Jacqueline Nolan-Haley Jan 1998

Informed Consent In Mediation: A Guiding Principle For Truly Educated Decisionmaking , Jacqueline Nolan-Haley

Faculty Scholarship

Informed consent has a central role to play in mediation. Without it, mediation's promises of autonomy and self-determination are empty. This Article has given the theoretical and policy justifications for a reform of mediation practice that honors the principle of informed consent. I have argued for a contextualized approach that takes into account mediation's location, the voluntariness of the parties' consent, and their representational status. This kind of analysis will lead to a more informed practice of mediation decisionmaking than exists currently and provide a perspective that can more prudently guide a mediator's conduct. The proposed approach promotes greater fairness …


Foreword: Issues Affecting Notarial Law And Policy, 31 J. Marshall L. Rev. 647 (1998), Robert Gilbert Johnson Jan 1998

Foreword: Issues Affecting Notarial Law And Policy, 31 J. Marshall L. Rev. 647 (1998), Robert Gilbert Johnson

UIC Law Review

No abstract provided.


Steps Toward A Pedagogy Of Improvisation In Legal Ethics, 31 J. Marshall L. Rev. 1279 (1998), Jonathan M. Freiman Jan 1998

Steps Toward A Pedagogy Of Improvisation In Legal Ethics, 31 J. Marshall L. Rev. 1279 (1998), Jonathan M. Freiman

UIC Law Review

No abstract provided.


United States V. Mcveigh: Defending The Most Hated Man In America, Stephen Jones, Jennifer Gideon Jan 1998

United States V. Mcveigh: Defending The Most Hated Man In America, Stephen Jones, Jennifer Gideon

Oklahoma Law Review

No abstract provided.


Professing Professionals: Christian Pilots On The River Of Law, Daniel O. Conkle Jan 1998

Professing Professionals: Christian Pilots On The River Of Law, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


The Underlying Causes Of Withdrawal And Expulsion Of Partners From Law Firms, Geoffrey C. Hazard Jr. Jan 1998

The Underlying Causes Of Withdrawal And Expulsion Of Partners From Law Firms, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


Publicity In High Profile Criminal Cases, H. Patrick Furman Jan 1998

Publicity In High Profile Criminal Cases, H. Patrick Furman

Publications

No abstract provided.


The Religious Lawyer In A Pluralist Society, Howard Lesnick Jan 1998

The Religious Lawyer In A Pluralist Society, Howard Lesnick

All Faculty Scholarship

No abstract provided.


Foreword, Symposium, The Legal Profession: The Impact Of Law And Legal Theory, Geoffrey C. Hazard Jr. Jan 1998

Foreword, Symposium, The Legal Profession: The Impact Of Law And Legal Theory, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


Bringing Legal Realism To The Study Of Ethics And Professionalism, Douglas N. Frenkel, Robert L. Nelson, Austin Sarat Jan 1998

Bringing Legal Realism To The Study Of Ethics And Professionalism, Douglas N. Frenkel, Robert L. Nelson, Austin Sarat

All Faculty Scholarship

No abstract provided.