Legal Profession Commons^™

Liberating Lawyers: Diverging Parallels In Intruder In The Dust And To Kill A Mockingbird, Rob Atkinson

Scholarly Publications

Professor Atkinson hopes William Faulkner’s Intruder in the Dust will replace Harper Lee’s To Kill a Mockingbird as our favorite story of lawyerly virtue. In both stories, a white male lawyer and his protégé try to free a black man falsely accused of a capital crime. But below these superficial similarities, Professor Atkinson finds fundamental differences. To Kill a Mockingbird, with its father-knows-best attorney, Atticus Finch, celebrates lawyerly paternalism; Intruder in the Dust, through its aristocratic black hero, Lucas Beauchamp, and his lay allies, challenges the rule of lawyers, if not law itself. The first urges us to …

Br'er Rabbit Professionalism: A Homily On Moral Heroes And Lawyerly Mores, Rob Atkinson

Scholarly Publications

No abstract provided.

Clark Memorandum: Fall 1999, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• The Four Deans
• Rex E. Lee
• Carl S. Hawkins
• Bruce C. Hafen
• H. Reese Hansen
• Gettysburg (Matthew Kennington)
• High Crimes and Misdemeanors? (Thomas R. Lee)

Mediation In The New Mexico Court Of Appeals, Richard Becker

The Journal of Appellate Practice and Process

A mediator gives a summary of the implementation of, procedure relating to, and role of lawyers in the New Mexico Court of Appeals’s mediation program.

Better Late Than Never: Settlement At The Federal Court Of Appeals, Mori Irvine

The Journal of Appellate Practice and Process

The Civil Justice Reform Act of 1990 encouraged all federal district courts to implement alternative dispute resolution programs. Federal Courts of Appeals implemented alternative dispute resolution programs as early as 1974. This article surveys federal alternative dispute resolution programsthen takes an in-depth look at the Eleventh Circuit’s program. The article provides advice for appellate advocacy during mediation.

A Panel Discussion On A Proposed Code Of Ethics For Legal Commentators

Mercer Law Review

Featuring:

• Raymond M. Brown
• Paul Butler
• Erwin Chemerinsky
• Johnnie L. Cochran, Jr.
• Laurie L. Levenson
• John H. McElhaney
• Barry C. Scheck
• Mary Tillotson

Moderator: Professor James P. Fleissner

A Ransom Note From The Opposition To The Proposed Rules Of Ethics For Legal Commentators, Raymond M. Brown

Mercer Law Review

Hijack the question!

That is a soupçon of tactical knowledge that every lawyer sojourning on the TV frontier absorbs quickly. In the fast-paced realm of the electronic media, there are limited opportunities to speak. To be effective you must disregard the dictates of politeness ingested at your mother's knee, ignore the question presented, and make your point succinctly. To wit:

Question: Do you think Bill Clinton should be impeached?

Answer: I think the abuse of power by Ken Starr doomed the Office of Independent Counsel and set a dangerous example for a whole generation of prosecutors.

Because the proponents of …

Symposium Introduction, Jennifer L. Motos, Jacob E. Daly

Mercer Law Review

No abstract provided.

The Ethics Of Being A Commentator Iii, Erwin Chemerinsky, Laurie Levenson

Mercer Law Review

The use of lawyers and law professors as commentators continues to increase. Although reporters have long used experts to explain and evaluate, in the last decade legal commentators have become a fixture in news stories about legal proceedings. A decade ago, when the McMartin Preschool case filled the news in Los Angeles, scarcely a commentator was used. A few years later, when the officers who beat Rodney King were tried in state court, daily legal commentary was absent. In sharp contrast, commentators were used on a regular basis during the federal prosecution of those officers. The subsequent trial of two …

Should Kentucky Impose An Enforceable Duty On Lawyers To Report Other Lawyers' Professional Misconduct?, Parker D. Eastin

Kentucky Law Journal

No abstract provided.

Competent Legal Writing - A Lawyer's Professional Responsibility, Debra R. Cohen

Journal Articles

The legal profession is constantly evolving to keep pace with our increasingly complex society.' Today, the legal profession "is larger and more diverse than ever before." Despite this transformation, "the law has remained a single profession identified with a perceived common body of learning, skills and values." This common body of learning, skills, and values constitutes the fundamental elements of competent representation. Writing is one of the essential skills of competent representation.

"Law is a profession of words." Lawyers use words, both written and oral, in a wide array of contexts-to advise, to advocate, to elicit information, to establish legal …

Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Lawyers, Accountants, And The Battle To Own Professional Services, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

Competition between lawyers and accountants is not a new concept. At various times during the past century, these two professions have clashed over the scope and definition of their respective services. Lawyers traditionally have relied upon a professional monopoly to provide “legal” services as a device to exclude nonlawyers from the practice of law. Supported by statutes in many jurisdictions making the unauthorized practice of law a criminal offense and ethics rules prohibiting lawyers from assisting in the unauthorized practice of law, lawyers have always been able to identify some inner sanctum of professional services that only they could handle. …

Attorney-Client Privilege: Continuing Confusion About Attorney Communications, Drafts, Pre-Existing Documents, And The Source Of The Facts Communicated, Paul Rice

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Evaluating Effective Lawyer-Client Communication: An International Project Moving From Research To Reform, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.

A Proposal To Require Lawyers To Disclose Information About Procedural Matters, William H. Fortune

Kentucky Law Journal

No abstract provided.

Coaching Witnesses, Fred C. Zacharias, Shaun Martin

Kentucky Law Journal

No abstract provided.

The Zealous Advocacy Of Justice In A Less Than Ideal Legal World, Robin West

Georgetown Law Faculty Publications and Other Works

In The Practice of Justice, William Simon addresses a widely recognized dilemma -- the moral degradation of the legal profession that seems to be the unpleasant by-product of an adversarial system of resolving disputes -- with a bold claim: Lawyers involved in either the representation of private rights or the public interest should be zealous advocates of justice, rather than their clients' interests. If lawyers were to do what this reorientation of their basic identity would dictate -- that is, if lawyers were to zealously pursue justice according to law, rather than zealously pursue through all marginally lawful means whatever …

Ethics And Professionalism In Non-Adversarial Lawyering, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

Traditional notions and rules of professionalism in the legal profession have been premised on particular conceptions of the lawyer's role, usually as an advocate, occasionally as a counselor, advisor, transaction planner, government official, decision maker and in the recent parlance of one of this symposium's participants-a "statesman [sic]. '" As we examine what professionalism means and what rules should be used to regulate its activity, it is important to ask some foundational questions: For what ends should our profession be used? What does law offer society? How should lawyers exercise their particular skills and competencies?

Fixing Rule 1.6: The Montreal Formulation Makes It Work, Melissa Bartlett

Kentucky Law Journal

No abstract provided.

Rethinking The Way Law Is Taught: Can We Improve Lawyer Professionalism By Teaching Hired Guns To Aim Better?, W. William Hodges

Kentucky Law Journal

No abstract provided.

Ethics 2000 And Insurance Defense Conflicts Of Interest In Kentucky, Craig Paulus

Kentucky Law Journal

No abstract provided.

The Lawyer's Duty To Disclose Material Facts In Contract Or Settlement Negotiations, Nathan M. Crystal

Kentucky Law Journal

No abstract provided.

The Professional And The Liar, Richard H. Underwood

Kentucky Law Journal

No abstract provided.

Minnesota V. Philip Morris, Inc.: An Important Legal Ethics Message Which Neglects The Public Interest In Product Safety Research, Edward J. Imwinkelried, James R. Mccall

Kentucky Law Journal

No abstract provided.

The Attorney-Client Privilege: Does It Really Have Life Everlasting?, Richard C. Wydick

Kentucky Law Journal

No abstract provided.

The Crime-Fraud Exception To The Attorney-Client Privilege In The Context Of Corporate Counseling, H. Lowell Brown

Kentucky Law Journal

No abstract provided.

A Proposed Code Of Ethics For Employers And Customers Of Notaries: A Companion To The Notary Public Code Of Professional Responsibility, 32 J. Marshall L. Rev. 887 (1999), John C. Anderson, Michael L. Colsen

UIC Law Review

No abstract provided.

Blue-Chip Bilking: Regulation Of Billing And Expense Fraud By Lawyers, Lisa G. Lerman

Scholarly Articles

This study of recent cases of billing and expense fraud confirms the views of David Wilkins, Ted Schneyer, and many other scholars that the disciplinary system performs only one of several needed regulatory functions. The cases demonstrate the need for public and private regulatory responses that not only receive and investigate complaints, but also provide education, prevention, proactive monitoring, and remediation. Lawyers who engage in billing and expense fraud should be fired, disbarred, prosecuted on criminal charges, sued for malpractice. If the public and private organizations that can attend to this problem take it seriously, the norms in the legal …

Evidence And Ethics—Letting The Client Rest In Peace: Attorney-Client Privilege Survives The Death Of The Client. Swidler & Berlin V. United States, 118 S. Ct. 2081 (1998)., Julie Peters Zamacona

University of Arkansas at Little Rock Law Review

No abstract provided.