Legal Profession Commons^™

Real Estate Law In Probate Practice: Tales Of Woe, Warning, And Wisdom, 23 J. Marshall L. Rev. 121 (1989), Frank J. Harrison

UIC Law Review

No abstract provided.

Kalish V. Illinois Education Association: Absolute Privileges In Quasi - Judicial Proceedings, 22 J. Marshall L. Rev. 737 (1989), Michael Fahey

UIC Law Review

No abstract provided.

The Lawyer's Duty To Keep Clients Informed: Establishing A Standard Of Care In Professional Liability Actions, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

This Article will explore the problem of the attorney's duty to provide clients with adequate information to make informed decisions. It will discuss situations in which such a duty is appropriate, and suggest that a cause of action for informed consent must be limited to those fact patterns where courts have established the right of the client to make the decision. The analysis rejects establishment of a broad right of the client to control all aspects of the representation. The Article will first review the history of the development of professional liability law with particular emphasis on the medical profession, …

Lawyers As Officers Of The Court, Eugene R. Gaetke

Law Faculty Scholarly Articles

Lawyers like to refer to themselves as officers of the court. Careful analysis of the role of the lawyer within the adversarial legal system reveals the characterization to be vacuous and unduly self-laudatory. It confuses lawyers and misleads the public. The profession, therefore, should either stop using the officer of the court characterization or give meaning to it. This Article proposes certain modifications of the existing rules of professional responsibility that would bring lawyers' actual obligations more in line with those suggested by the label of officer of the court.

The Lawyer’S Professional Independence: Memories, Aspirations, And Realities, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Lawyers And Conscience, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.

Character And Community: Rispetto As A Virtue In The Tradition Of Italian-American Lawyers, Thomas L. Shaffer, Mary M. Shaffer

Journal Articles

Our project is to contemplate a discrete piece of applied ethics in the American legal profession, a piece of what one might call Italian-American legal ethics. We propose to describe a moral value for which we will use the Italian word rispetto. Our understanding of rispetto is that it is a virtue, a good habit, through which the person learns, practices, teaches, and remembers his place within the family. We will argue here that the practice of this virtue will allow a modern lawyer to be in and of his or her civic and professional community without loss of dignity …

Should A Christian Lawyer Serve The Guilty?, Thomas L. Shaffer

Journal Articles

People who teach or practice law are in some ways like public executioners or the Air Force officers who watch over the buttons that will send nuclear missiles into action: Other people, ordinary people, want to know what we do to overcome what seem to ordinary people to be moral obstacles to doing what we do.

What ordinary people say to lawyers, and what my students say when they first come to law school, when they are still more ordinary people than they are law students, is this: How can lawyers lend their skills and talents to the representation of …

Nonrefundable Retainers: Impermissible Under Fiduciary, Statutory And Contract Law, Lester Brickman, Lawrence A. Cunningham

Articles

Since the New York Court of Appeals banned nonrefundable retainers, numerous other courts have joined in prohibiting this widespread practice of lawyers charging a fee for services in advance and keeping the fee even if the services are not performed. This may reflect increased judicial recognition of the effect of egregious fee practices on the image of the bar and the role such practices play in the declining esteem in which the legal profession is held. Among the more provocative contributors to this ongoing debate, Professor Steven Lubet recently reviewed our work advocating the ban against nonrefundable retainers and posed …

Who Should Decide The Appropriate Response To The Criminal Defendant Who Proposes Or Commits Perjury: A Comparison Of The North Carolina Rules Of Professional Conduct And The America Bar Association's Model Rules Of Professional Conduct, Patricia H. Marschall

North Carolina Central Law Review

No abstract provided.

The Noblesse Oblige Tradition In The Practice Of Law, David Luban

Vanderbilt Law Review

In 1905 Louis D. Brandeis delivered a talk entitled The Opportunity in the Law to the Harvard Ethical Society.' It was delivered as a pep talk, what Harvard Law Professor Duncan Kennedy, seventy-six years later, would refer to as "the old address to the troops." Brandeis hoped to rally law students to his vision of the moral possibilities of legal practice-specifically, the elite corporate legal practice into which Brandeis could assume his audience would enter. Brandeis was concerned that elite lawyers were becoming thralls of robber-baron capitalists, that they were ignoring the possibilities of law practice as a kind of …

Defensive Defense Lawyering Or Defending The Criminal Defense Lawyer From The Client, John Wesley Hall Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Monetary Sanctions Against Attorneys For Discovery Abuse In Federal Court: When Can They Be Appealed, Nancy E. Berman

Cardozo Law Review

No abstract provided.

The Applicability Of Evidentiary Privileges For Confidential Communications Before Congress, 21 J. Marshall L. Rev. 309 (1988), Thomas Millet

UIC Law Review

No abstract provided.

When Is An Attorney Unreasonable And Vexatious?

Washington and Lee Law Review

No abstract provided.

Excessive Fees And Attorney Discipline: The Committee On Legal Ethics V. Tatterson, Cassandra M. Neely

West Virginia Law Review

No abstract provided.

Professional Responsibility, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.

Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein

Touro Law Review

No abstract provided.

The Lawyer's Role In The Independent Adoption Process: Parental Consent And Best Interests Of The Child, Diana Lafemina

Touro Law Review

No abstract provided.

Common Issues Of Professional Responsibility, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

How Professionals (Including Legal Educators) "Treat" Their Clients, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.

Screening The Disqualified Lawyer: The Wrong Solution To The Wrong Problem, Thomas D. Morgan

University of Arkansas at Little Rock Law Review

No abstract provided.

The Concept Of A Restatement Of The Law Governing Lawyers, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

The Restatement Volume 6 No. 2, Touro College Jacob D. Fuchsberg Law Center

Yearbooks and Newsletters

No abstract provided.

In Defense Of A Double Standard In The Rules Of Ethics: A Critical Reevaluation Of The Chinese Wall And Vicarious Disqualification, Frances Witty Hamermesh

University of Michigan Journal of Law Reform

This Note suggests that no change is warranted at the present time; courts should not adopt the Chinese wall defense to vicarious disqualification of private firms. The Chinese wall should, however, continue to operate as an internal device for protection of confidentiality. As such, it encourages firms to avoid disqualification by obtaining client consent to successive representation. Neither the historical record of the work of the Commission on the Evaluation of Professional Standards (the Kutak Commission), the empirical evidence currently available, nor the pragmatic arguments offered by many commentators justify an exception to, or modification of, the standard of imputed …

The Ethics Of Dissent And Friendship In The American Professions, Thomas L. Shaffer

West Virginia Law Review

No abstract provided.

A Comment For Tom Shaffer: The Ethics Of Race, The Ethics Of Corruption, James J. Friedberg

West Virginia Law Review

No abstract provided.

The Ethics Of Dissent And Friendship--A Response To Professor Shaffer, Carl M. Selinger

West Virginia Law Review

No abstract provided.

Can A Good Lawyer Be A Bad Person, Stephen Gillers

Michigan Law Review

A Review of The Good Lawyer: Lawyers' Roles and Lawyers' Ethics edited by David Luban and The Adversary System: A Description and Defense by Stephan Landsman

Zauderer V. Office Of Disciplinary Counsel: Refining The Regulation Of Attorney Advertising, Brent P. Copenhaver

West Virginia Law Review

No abstract provided.