Open Access. Powered by Scholars. Published by Universities.®

Legal Profession Commons

Open Access. Powered by Scholars. Published by Universities.®

Legal Ethics and Professional Responsibility

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1801 - 1830 of 2022

Full-Text Articles in Legal Profession

The Duty To Criticize The Courts (Ii), Roger J. Miner '56 Jan 1986

The Duty To Criticize The Courts (Ii), Roger J. Miner '56

Judges

No abstract provided.


For A Few Dollars More: Client’S Right To Discharge His Attorney Under A Contingent Fee Contract, Irving Cohen Jan 1986

For A Few Dollars More: Client’S Right To Discharge His Attorney Under A Contingent Fee Contract, Irving Cohen

Cardozo Law Review

No abstract provided.


Ethics And The Settlement Of Civil Rights Cases: Can Attorneys Keep Their Virtue And Their Fees?, Lloyd B. Snyder Jan 1986

Ethics And The Settlement Of Civil Rights Cases: Can Attorneys Keep Their Virtue And Their Fees?, Lloyd B. Snyder

Law Faculty Articles and Essays

The Civil Rights Attorneys' Fees Award Act of 1976 authorizes an award of fees to the prevailing party in a civil rights action. The United State Supreme Court, in Evans v. Jeff D., has interpreted the Fees Act to authorize the parties in a civil rights action to negotiate settlement of fees and merits jointly. The Court did not determine whether joint fees-merits negotiation is ethical. The author of this article contends that joint negotiation is ethical. He further contends that it is ethical for plaintiff's attorney to reject an offer of settlement if the offer is coupled with a …


"Understanding...": Processing Information And Values In Clinical Work, Edwin H. Greenebaum Jan 1986

"Understanding...": Processing Information And Values In Clinical Work, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.


To Whom Does The Government Lawyer Owe The Duty Of Loyalty When Clients Are In Conflict, William Josephson, Russell G. Pearce Jan 1986

To Whom Does The Government Lawyer Owe The Duty Of Loyalty When Clients Are In Conflict, William Josephson, Russell G. Pearce

Faculty Scholarship

This Article focuses on the continuing debate on the ethical obligations of government lawyers: do government lawyers represent the people or do they represent a client? The Article explains that the dominant conception that government lawyers represent the people actually results in government lawyers representing themselves. After examining alternative approaches to determining the identity of the government lawyer’s client, the Article concludes that only one approach is consistent with both the ethical rules and our republican system of government. The government lawyer’s client properly understood is an elected official or, in certain cases, an agency head with legal authority independent …


Anti-Professionalism, Stanley Fish Jan 1986

Anti-Professionalism, Stanley Fish

Cardozo Law Review

No abstract provided.


Arkansas Model Rules Of Professional Conduct: An Affirmative Approach To Professional Responsibility, Daniel L. Parker Oct 1985

Arkansas Model Rules Of Professional Conduct: An Affirmative Approach To Professional Responsibility, Daniel L. Parker

University of Arkansas at Little Rock Law Review

No abstract provided.


Ethical Dilemmas Facing Today's Lawyer, Roger C. Cramton Feb 1985

Ethical Dilemmas Facing Today's Lawyer, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.


Practical Reasoning And Judicial Justification: Toward An Adequate Theory, Vincent A. Wellman Jan 1985

Practical Reasoning And Judicial Justification: Toward An Adequate Theory, Vincent A. Wellman

Law Faculty Research Publications

No abstract provided.


How Do You Decide On A Nonlegal Career?, Gary A. Munneke Jan 1985

How Do You Decide On A Nonlegal Career?, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

Recent surveys have indicated that many young lawyers are dissatisfied with the direction that their careers have taken. There are always other options, and an increasingly attractive choice for many young lawyers is the nonlegal career.


Client Centered Counseling And Moral Accountability For Lawyers, Robert M. Bastress Jan 1985

Client Centered Counseling And Moral Accountability For Lawyers, Robert M. Bastress

Law Faculty Scholarship

No abstract provided.


Accountability And The Adjudication Of The Public Interest, Marshall J. Breger Jan 1985

Accountability And The Adjudication Of The Public Interest, Marshall J. Breger

Scholarly Articles

In these remarks, I will speak briefly about the question of a lawyer's accountability to clients in public interest law. This is the fundamental theoretical problem confronting the public interest law movement, at least from the point of view of traditional models of adjudication.


Some Reflections On Conflicts Between Government Attorneys And Clients, Jack B. Weinstein, Gay A. Crosthwait Jan 1985

Some Reflections On Conflicts Between Government Attorneys And Clients, Jack B. Weinstein, Gay A. Crosthwait

Touro Law Review

No abstract provided.


Private Settlement As Alternative Adjudication: A Rationale For Negotiation Ethics, Robert B. Gordon Jan 1985

Private Settlement As Alternative Adjudication: A Rationale For Negotiation Ethics, Robert B. Gordon

University of Michigan Journal of Law Reform

A rule of ethics like the one proposed in this Note takes a step toward this goal. Part I explores the general nature of unethical settlement negotiation, and the inadequate responses offered by both the American Bar Association Model Code of Professional Responsibility and the American Bar Association Model Rules of Professional Conduct. Part II presents a theory for recognizing private settlement negotiation as a substantive component of the adjudicatory process, deserving of all the ethical protections afforded forensic litigation. Part III evaluates certain proposals for reform and responds to various criticisms commonly leveled against efforts to regulate private negotiation …


The Investigation Of Good Moral Character For Admission To The Virginia Bar - Time For A Change, Kristine M. Trevino Jan 1985

The Investigation Of Good Moral Character For Admission To The Virginia Bar - Time For A Change, Kristine M. Trevino

University of Richmond Law Review

One of the most essential and critical components of a democratic society is the law profession. Lawyers are charged with the preeminent duty of assisting citizens in the maintenance of their individual rights. Because of a lawyer's "enviable position of prestige and respect," he "enjoy[s] much public confidence and trust." Therefore, society expects, and the profession demands, that only individuals possessing an adequate degree of intelligence, education, and good moral character be permitted to practice law.


Babbitt V. Brandeis: The Decline Of The Professional Ideal, William H. Simon Jan 1985

Babbitt V. Brandeis: The Decline Of The Professional Ideal, William H. Simon

Faculty Scholarship

The vision of professionalism that entranced the liberal legal elite for a century now strikes most lawyers and law students as implausible or uninteresting or both. The papers in this symposium by Robert Nelson and by Ronald Gilson and Robert Mnookin are outstanding examples of two of the current modes of repudiation of this vision: the mode of skepticism and the mode of indifference. Nelson takes the claims of the professional vision seriously, and, using a methodology responsive to them, sets out to refute them. Gilson and Mnookin ignore the vision, and, using a methodology that assumes the vision's invalidity, …


Slippered Feet Aboard The African Queen, Thomas L. Shaffer Jan 1985

Slippered Feet Aboard The African Queen, Thomas L. Shaffer

Journal Articles

Milner Ball, a professor, has characterized property ownership as “the apparatus of bulwark law.” This Article argues that that characterization was premature. The Author suggests that the bulwark-like difficulties in property law are less the essence of ownership than a perversion of ownership.


Sharing Among The Human Capitalists: An Economic Inquiry Into The Corporate Law Firm And How Partners Split Profits, Ronald J. Gilson, Robert H. Mnookin Jan 1985

Sharing Among The Human Capitalists: An Economic Inquiry Into The Corporate Law Firm And How Partners Split Profits, Ronald J. Gilson, Robert H. Mnookin

Faculty Scholarship

Large corporate law firms seem to be in a state of extraordinary flux. Success and failure are both on the rise. Large firms appear to supply a substantial and growing proportion of the legal services consumed by American business enterprises and to hire a significant fraction of the graduating classes of elite American law schools. Moreover, the last twenty years have witnessed a remarkable expansion in both the number of large firms and the absolute size of the biggest. But accompanying this striking success, there are also signs of serious institutional instability. During the last few years, several previously successful …


Review Of Kanter On Hiring: A Lawyer's Guide To Lawyer Hiring, Gary A. Munneke Jan 1984

Review Of Kanter On Hiring: A Lawyer's Guide To Lawyer Hiring, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Law Schools And Professional Responsibility: A Task For All Seasons, Robert M. Ackerman Jan 1984

Law Schools And Professional Responsibility: A Task For All Seasons, Robert M. Ackerman

Law Faculty Research Publications

No abstract provided.


Book Review, Mark J. Loewenstein Jan 1984

Book Review, Mark J. Loewenstein

Publications

No abstract provided.


The Second Set Of Players: Lawyers, Fee Shifting, And The Limits Of Professional Discipline, Charles W. Wolfram Jan 1984

The Second Set Of Players: Lawyers, Fee Shifting, And The Limits Of Professional Discipline, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.


Attorney-Client Privilege: A Guide For Corporations, Pamela Taylor Jan 1984

Attorney-Client Privilege: A Guide For Corporations, Pamela Taylor

University of Arkansas at Little Rock Law Review

No abstract provided.


Attorney-Client Conflicts Of Interest And The Concept Of Non-Negotiable Fee Awards Under 42 U.S.C. § 1988, Emily M. Calhoun Jan 1984

Attorney-Client Conflicts Of Interest And The Concept Of Non-Negotiable Fee Awards Under 42 U.S.C. § 1988, Emily M. Calhoun

Publications

No abstract provided.


Confidentiality: The Future Crime--Contraband Dilemmas, Deborah Abramovsky Touro College School Of Law Jun 1983

Confidentiality: The Future Crime--Contraband Dilemmas, Deborah Abramovsky Touro College School Of Law

West Virginia Law Review

No abstract provided.


Soliciting Sophisticates: A Modest Proposal For Attorney Solicitation, Victor P. Filippini Jr. Apr 1983

Soliciting Sophisticates: A Modest Proposal For Attorney Solicitation, Victor P. Filippini Jr.

University of Michigan Journal of Law Reform

This Note advocates an amendment to the ethical standards governing attorneys that will permit the personal solicitation for pecuniary gain of sophisticated prospective clients - that is, those persons having general knowledge of their legal needs and the expertise to assess adequately the information and presentation of an attorney. Part I of this Note shows that lawyer solicitation is a form of commercial speech under recent Supreme Court decisions. It also asserts that, though the traditional reasons for banning lawyer solicitation still have some validity, these reasons do not justify prohibiting the solicitation of sophisticated clients. Part II suggests some …


Review Of Managing The Recruitment Process, Gary A. Munneke Jan 1983

Review Of Managing The Recruitment Process, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


The Confidential Communication Element Of The Attorney-Client Privilege, Gerald Sobel Jan 1983

The Confidential Communication Element Of The Attorney-Client Privilege, Gerald Sobel

Cardozo Law Review

No abstract provided.


Rethinking The Legal Profession's Approach To Collective Self-Improvement: Competence And The Consumer Perspective, Bryant G. Garth Jan 1983

Rethinking The Legal Profession's Approach To Collective Self-Improvement: Competence And The Consumer Perspective, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.


Preface, Thomas L. Shaffer Jan 1983

Preface, Thomas L. Shaffer

Journal Articles

Several years ago, when I lived in Indiana, I got a grant to write a book about lawyers. The newspaper ran a story about it; the paper said I was to study the morals of lawyers. A friend of mine sent me a clipping of the story with a note that said, "It won't take long." My friend held the common Hoosier view that lawyers have no morals. A frontier story tells of the Indiana lawyer who died and whose body was laid out in a room and left for the night. When morning came, there was nothing left in …