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Articles 1801 - 1830 of 2022
Full-Text Articles in Legal Profession
The Duty To Criticize The Courts (Ii), Roger J. Miner '56
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
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
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
"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
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
Arkansas Model Rules Of Professional Conduct: An Affirmative Approach To Professional Responsibility, Daniel L. Parker
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
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
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
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
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
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
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
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
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
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
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
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
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
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
The Second Set Of Players: Lawyers, Fee Shifting, And The Limits Of Professional Discipline, Charles W. Wolfram
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
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
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
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.
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
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
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
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
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 …