Legal Profession Commons^™

Crossing The Bridge To Secular Law: Three Models Of Incorporation, Jeffrey I. Roth

Cardozo Law Review

No abstract provided.

All That Glitters, Roger J. Miner '56

Bar Admissions

No abstract provided.

Doing Business: The Management Of Uncertainty In Lawyers' Work, John Flood

Articles by Maurer Faculty

Apparently naive, but in fact not, is the question: What do lawyers do? Many scholars assume the central role of the lawyer is that of the advocate, but among lawyers working in law firms advocacy consumes little of their time. Similarly, the term lawyer provides hardly any meaning in itself. The research presented here is based on a participant-observation study of a corporate law firm. The central thesis proposed, in the light of case studies of the selling of shopping mall and the arranging of a bank loan, is that business lawyers are engaged in managing uncertainty for both their …

Right To Counsel

Touro Law Review

No abstract provided.

Wanted: Advertising Rules For Profession In Flux - The Supreme Court As Applicant, Ellen Y. Suni

Faculty Works

No abstract provided.

Procedural Solutions To The Attorney's Fee Problem In Complex Litigation, Christopher P. Lu

University of Richmond Law Review

Justice William Brennan once observed that disputes about attorneys' fees are "one of the least socially productive types of litigation imaginable." Socially productive or not, attorneys' fees are a major problem in complex litigation today because of both the time and resources needed to determine appropriate fees and the public perception that fees are excessive. While the attorneys' fee problem is not unique to complex suits, the problem is magnified because: 1) complex suits are often more protracted than ordinary suits and necessarily require more lawyers; 2) many fee shifting statutes can be triggered in complex suits; and 3) class …

Punishing Ethical Violations: Aggravating And Mitigating Factors, H. Patrick Furman

Publications

No abstract provided.

The Lawyer As Whistleblower: Confidentiality And The Government Lawyer, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Lawyers And Liberations, Robert E. Rodes

Journal Articles

The Jesuit educational tradition stresses the importance of service to the community and especially to its underprivileged members. Much of the discussion at the Ignatian Year celebration held at St. Louis University centered on the role of the law school in the Jesuit educational tradition. However, I would like to propose that this discussion take on a much larger focus.

The ideas of community service, solidarity with the poor and professionalism within an ethical context, although integral to the Jesuit tradition, are relevant to society as a whole. Furthermore, integration of these concepts into law school education is merely a …

Inaugural Howard Lichtenstein Lecture In Legal Ethics: Lawyer Professionalism As A Moral Argument, Thomas L. Shaffer

Journal Articles

The recurrent movement to call or recall lawyers to professionalism is a moral argument. It is an argument made to individual lawyers, a claim among lawyers, that professionalism has to do with being a good person.

I see two aspects to the claim that professionalism is a moral value: one aspect says to a person "be professional." It is an admonition to virtue. The other aspect says to a person, "be in the profession—be of it," with an appeal that seems familiar from other admonitions we have heard to align ourselves with groups that are supposed to make us better …

Lawyer Advice And Client Autonomy: Mrs. Jones's Case, William H. Simon

Faculty Scholarship

In one influential view, the lawyer's most basic function is to enhance the autonomy of the client. The lawyer does this by providing the information that maximizes the client's understanding of his situation and minimizes the influence of the lawyer's personal views.

This autonomy or "informed consent" view is often contrasted with a paternalist or "best interest" view most strongly associated with official decisions about children and the mentally disabled. Here the professional's role is to make decisions for the client based on the professional's view of the client's interests.

I am going to argue against the autonomy view that …

Public Service By Public Servants, Lisa G. Lerman

Scholarly Articles

No abstract provided.

Self-Regulation Of Judicial Misconduct Could Be Mis-Regulation, Anthony D'Amato

Michigan Law Review

Judge Harry T. Edwards has written a lucid and seemingly logical plea for the judiciary to be granted exclusive self-regulation over all matters of judicial misconduct that fall short of crimes or impeachable offenses. His essay demonstrates the seriousness with which he regards misconduct that would bring shame to the federal judiciary. He believes that the judiciary as a whole is the best institution to ascertain and take measures against individual aberrant judges who are guilty of various forms of misconduct, and I have no doubt of the sincerity of his belief. Yet when we look at claims for self-regulation …

The Adversarial System At Risk, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The most ominous recent development affecting the balance of forces in the adversary system is the unprecedented attack by prosecutors on criminal defense lawyers themselves. Grand jury subpoenas to attorneys, law office searches, disqualification motions, fee forfeiture proceedings, and, most recently, IRS attempts to enforce currency-reporting regulations do not seem to be isolated occurrences or mere happenstance. Rather, perhaps inspired by Shakespeare's injunction in Henry VI to "kill all the lawyers," some prosecutors appear to have concluded that the most effective way to prevail in the battle against crime is to cripple the defense lawyers, particularly those who represent defendants …

Restraining The Overly Zealous Advocate: Time For Judicial Intervention, Paul Lowell Haines

Indiana Law Journal

No abstract provided.

Attorney And Client—Conflict Of Interest—Prohibition Against Appearance Of Impropriety Retained Under Model Rules Of Professional Conduct. First American Carriers, Inc. V. Kroger Co., 302 Ark. 86, 787 S.W.2d 669 (1990)., David Ivers

University of Arkansas at Little Rock Law Review

No abstract provided.

Retrospective Justification, Jeffrey Malkan

Touro Law Review

No abstract provided.

Lying To Clients, Lisa G. Lerman

Scholarly Articles

Moral philosopher Sissela Bok defines a lie as "any intentionally deceptive message which is stated." She defines deception more broadly, as encompassing "messages meant to mislead [others] ... through gesture, through disguise, by means of action or inaction, even through silence." This broader category of deception is the subject of study here. This Article will examine overt misstatements and deliberate omissions or failures to disclose information. The determining factor in identifying deception is the lawyer's intent. If the lawyer intends to deceive a client, he or she may accomplish this by telling a lie or by withholding information. Deception by …

Unauthorized Legal Practice Prosecutions And Independent Paralegals In Ontario And The United States, John A. Flood, Frederick H. Zemans

Articles & Book Chapters

The issue of unauthorized legal practice involves questions of professionalism and market protection. The legal profession, like other professions, is seen a being particularly successful at excluding others from its area of jurisdiction. Disputes over jurisdiction occur at the edge of this jurisdiction, specifically when certain condition arise. The e conditions are characterized by the "indetermination/ technicality (I/T) ratio", where "I" represents the ideological underpinning of the profession and "T" represents the technical knowledge. "If either the knowledge base or the ideological underpinning deteriorates, the occupation will lose control over its spheres of activity....For an occupation or a profession to …

Disclosure Of Testifying Expert Witnesses Under Illinois Supreme Court Rule 220: The Continuing Struggle To Balance Adequate Trial Preparation And Fairness, 23 J. Marshall L. Rev. 363 (1990), Thomas G. Compall

UIC Law Review

No abstract provided.

The Attorney General: Political Loyalty V. Professional Responsibility - The Ethical Challenge In Serving Three Masters, 23 J. Marshall L. Rev. 229 (1990), Paula K. Maguire

UIC Law Review

No abstract provided.

Kentucky's New Rules Of Professional Conduct For Lawyers, Eugene R. Gaetke

Law Faculty Scholarly Articles

On July 12, 1989, the Kentucky Supreme Court adopted its own version of the American Bar Association's 1983 Model Rules of Professional Conduct as the body of disciplinary law applicable to lawyers practicing in the state. These new rules constitute a major improvement in the state's law of legal ethics. Their adoption should be considered a victory for Kentucky lawyers and, more importantly, a victory for the people of the state, the ultimate beneficiaries of the regulation of the legal profession.

As with most victories, the adoption of the new rules was not unequivocally positive. Kentucky's version of the Model …

The Pro Bono Debate And Suggestions For A Workable Program, Sophia M. Deseran

Cleveland State Law Review

Although the concept of pro bono publico, the rendering of an attorney's services without or with substantially reduced compensation, has been in existence for centuries, there has been an increasing interest in the question of whether this public service can be made a mandatory one. This note will explore the development of a mandatory service requirement by reviewing the American treatment of such an obligation. Some attention will be given to foreign approaches as well. In addition, the need for legal assistance will be analyzed. Finally, in view of the uncertain status of a mandatory pro bono system, suggestions for …

Kentucky's New Rules Of Professional Conduct For Lawyers, Eugene R. Gaetke

Kentucky Law Journal

No abstract provided.

Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman

Publications

No abstract provided.

Ethical Considerations For The Corporate Legal Counsel, Thomas B. Metzloff

Faculty Scholarship

No abstract provided.

Client-Centered Counseling: Reappraisal And Refinement, Robert Dinerstein

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Lawyer Turf And Lawyer Regulation -- The Role Of The Inherent-Powers Doctrine, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

Risks Of Violation Of Rules Of Professional Responsibility By Reason Of The Increased Disparity Among The States, Ted J. Fiflis

Publications

No abstract provided.

The Advance Fee Payment Dilemma: Should Payments Be Deposited To The Client Trust Account Or To The General Office Account?, Lester Brickman

Cardozo Law Review

No abstract provided.