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Legal Ethics and Professional Responsibility

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Articles 1831 - 1860 of 2022

Full-Text Articles in Legal Profession

The Legal Ethics Of The Two Kingdoms, Thomas L. Shaffer Jan 1983

The Legal Ethics Of The Two Kingdoms, Thomas L. Shaffer

Journal Articles

The question I propose to address while I am with you is this: Is there a special morality for professional life? In terms of convention and argot, the answer to that question would appear to be: Yes, there is a separate morality for the professional lives of lawyers and judges. We do not follow the same morals in public and professional life as we follow in personal life.

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Professional Responsibility—Lawyer Advertising—Restrictions Must Be Narrowly Drawn To Serve Substantial State Interest, James Gerard Schulze Jul 1982

Professional Responsibility—Lawyer Advertising—Restrictions Must Be Narrowly Drawn To Serve Substantial State Interest, James Gerard Schulze

University of Arkansas at Little Rock Law Review

No abstract provided.

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Report With Findings And Recommendations To The Conference Of Chief Justices From Its Task Force On Lawyer Competence, Conference Of Chief Justices May 1982

Report With Findings And Recommendations To The Conference Of Chief Justices From Its Task Force On Lawyer Competence, Conference Of Chief Justices

Miscellaneous Materials

This report is the result of three years of effort by the Conference of Chief Justices Task Force on Lawyer Competence (and former committees under a different names} to exam1ne the evidence concerning the general performance of the legal profession and to evaluate the various proposals made for enhancing it.

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Discovery Of Opinion Work Product In Illinois: Toward Defining The Parameters Of Consolidation Coal, 16 J. Marshall L. Rev. 49 (1982), Mark O'Brien Jan 1982

Discovery Of Opinion Work Product In Illinois: Toward Defining The Parameters Of Consolidation Coal, 16 J. Marshall L. Rev. 49 (1982), Mark O'Brien

UIC Law Review

No abstract provided.

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Lawyer Advertising: Permissibility Of Indicating The Nature Of Legal Practice In Advertisements, Kenneth J. Alcott Jan 1982

Lawyer Advertising: Permissibility Of Indicating The Nature Of Legal Practice In Advertisements, Kenneth J. Alcott

University of Richmond Law Review

Canon 27 of the ABA Canons of Professional Ethics, adopted by the American Bar Association in 1908, provided that it was "unprofessional" for lawyers to advertise or solicit professional employment. This prohibition made sense in a time when most lawyers were general practitioners and communities were small, so that a lawyer's reputation was well known. However, the increasing size and complexity of both society and the law have made it necessary for lawyers to select certain areas of law in which to practices in order to develop the expertise necessary to deal with today's complex legal issues. A corresponding need …

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The Judge's Role In The Enforcement Of Ethics - Fear And Learning In The Profession, John M. Levy Jan 1982

The Judge's Role In The Enforcement Of Ethics - Fear And Learning In The Profession, John M. Levy

Faculty Publications

No abstract provided.

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Ethical Issues In The Representation Of Individuals In The Commitment Process, Michael L. Perlin, Robert Sadoff Jan 1982

Ethical Issues In The Representation Of Individuals In The Commitment Process, Michael L. Perlin, Robert Sadoff

Articles & Chapters

No abstract provided.

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Evaluation Of A Bar Applicant's Moral Character: May A State Consider The Circumstances Surrounding A Discharge In Bankruptcy, William Owen Weiss Jul 1981

Evaluation Of A Bar Applicant's Moral Character: May A State Consider The Circumstances Surrounding A Discharge In Bankruptcy, William Owen Weiss

Indiana Law Journal

No abstract provided.

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Prospective Waiver Of The Right To Disqualify Counsel For Conflicts Of Interest, Michigan Law Review Apr 1981

Prospective Waiver Of The Right To Disqualify Counsel For Conflicts Of Interest, Michigan Law Review

Michigan Law Review

Part I of the Note discusses canon 4, first explaining the presumptions and policies that underlie it, then arguing that courts should enforce prospective waivers of the presumption of shared confidences when conditioned on the law firm's effective screening of client confidences - keeping them from the attorneys within the firm who will take part in the adverse representation. Part II turns to canon 5, and argues that prospective waivers of the presumption of diluted loyalties should be enforced against clients moving to disqualify law firms for a canon 5 violation.

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Admission To The Bar: A Constitutional Analysis, Ben C. Adams, Edward H. Benton, David A. Beyer, Harrison L. Marshall, Jr., Carter R. Todd, Jane G. Allen Special Projects Editor Apr 1981

Admission To The Bar: A Constitutional Analysis, Ben C. Adams, Edward H. Benton, David A. Beyer, Harrison L. Marshall, Jr., Carter R. Todd, Jane G. Allen Special Projects Editor

Vanderbilt Law Review

This Special Project examines and analyzes selected constitutional challenges to requirements for permanent and temporary admission to the bar. In the area of permanent admission, the Special Project looks at constitutional challenges to three qualifications typically required of bar applicants by states: demonstration of good moral character, successful completion of a bar examination, and residency. In the area of admission "pro hac vice", the Project examines constitutional challenges to the basis on which judges have denied temporary admission to an applicant.

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Alternatives To The Tort System For The Nonmedical Professions: Can They Do The Job?, Kenneth S. Abraham Mar 1981

Alternatives To The Tort System For The Nonmedical Professions: Can They Do The Job?, Kenneth S. Abraham

BYU Law Review

No abstract provided.

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Retaining Traditional Tort Liability In The Nonmedical Professions, Carl S. Hawkins Mar 1981

Retaining Traditional Tort Liability In The Nonmedical Professions, Carl S. Hawkins

BYU Law Review

No abstract provided.

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Judicial Control Over The Bar Versus Legislative Regulation Of Governmental Ethics: The Pennsylvania Approach And A Proposed Alternative, Stephen J. Shapiro Jan 1981

Judicial Control Over The Bar Versus Legislative Regulation Of Governmental Ethics: The Pennsylvania Approach And A Proposed Alternative, Stephen J. Shapiro

Duquesne Law Review

Pennsylvania courts, led by the Supreme Court of Pennsylvania, recently have declared two sections of the Pennsylvania Ethics Act unconstitutional as applied to judges and attorneys. Citing the exclusive power of the supreme court to regulate the practice of law in Pennsylvania, the courts have struck down the Act's postemployment restriction and financial disclosure requirement. The author critically examines the Pennsylvania decisions in this area and concludes that the courts' reasoning is contrary to settled principles of separation of powers. He suggests an alternative approach for determining the constitutionality of ethics legislation that regulates the conduct of the judiciary and …

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Henry Knox And The Moral Theology Of Law Firms, Thomas L. Shaffer Jan 1981

Henry Knox And The Moral Theology Of Law Firms, Thomas L. Shaffer

Journal Articles

One of the reasons we modern American lawyers find the "golden age" of our 19th century forebears attractive is that it was morally unambiguous. It seems to have been an age of giants who were consistent. The "republican" lawyers who wrote our first statements on legal ethics were moral theologians as well as leaders—and they found no difficulty in being both. David Hoffman, who attracted as much applause from the conservative Calvinists at Princeton Theological Seminary as he attracted from the bench and bar, drew no distinction between the morals he practiced at home and the morals he practiced in …

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Mandatory Pro Bono: Historical And Constitutional Perpectives, Steven B. Rosenfeld Jan 1981

Mandatory Pro Bono: Historical And Constitutional Perpectives, Steven B. Rosenfeld

Cardozo Law Review

In January 1980, the American Bar Association's Commission on Evaluation of Professional Standards circulated a discussion draft of the Model Rules of Professional Conduct. If adopted by the ABA House of Delegates, the Model Rules would replace the current ABA Code of Professional Responsibility. The 1980 discussion draft generated considerable controversy; Rule 8.1 of the 1980 draft, which Mr. Rosenfeld's Article bears upon, mandated a public interest legal service obligation for all practicing attorneys, and was one of the most controversial features of the Model Rules. Simultaneously, a Special Committee of the Association of the Bar of the City of …

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Final Draft Of The Model Rules Of Professional Conduct, American Bar Association Jan 1981

Final Draft Of The Model Rules Of Professional Conduct, American Bar Association

American Bar Association Historical Documents on Ethics

This pullout supplement to the October, 1981 issue of the American Bar Association Journal contains the final draft of the Model Rules of Professional Conduct as prepared and published by the American Bar Association Commission on Evaluation of Professional Standards on May 30, 1981. Because of space limitations, “Legal Background” notes, certain tables, and the index that appear in the Commission's publication have been omitted from this supplement. The Commission also has issued the Model Rules in an alternative draft in the format of the Model Code of Professional Responsibility.

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Client-Lawyer Confidentiality, William D. Popkin Jan 1981

Client-Lawyer Confidentiality, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

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Save The Legal Services Corporation, Thomas Ehrlich Jan 1981

Save The Legal Services Corporation, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

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Legal Services For Poor People, Thomas Ehrlich Jan 1981

Legal Services For Poor People, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

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Singing Those Law Office Blues, Gary A. Munneke Jan 1981

Singing Those Law Office Blues, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

There were 2,750 young lawyers, 1.8 percent of all young attorneys in the ABA, who responded to the Career Satisfaction Survey. The preliminary survey involved in-depth interviews with 150 young lawyers. The final questionnaire was based upon these interviews. The responses were many and varied, and it was difficult to find many answers "In common. Some respondents found it necessary to elaborate on their answers by writing comments in the columns of the survey. A few of these answers are included because they were both humorous and enlightening.

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Corporate Attorney-Client Privilege - New Emphasis On The Lawyer's Need To Know: Upjohn Co. V. United States, Michael J. Viscount Jr. Jan 1981

Corporate Attorney-Client Privilege - New Emphasis On The Lawyer's Need To Know: Upjohn Co. V. United States, Michael J. Viscount Jr.

University of Richmond Law Review

In seeking the advice of legal counsel, the corporation may, out of necessity, communicate through its representatives confidential secrets about its conduct in business. As is the case with individuals, it is well settled that a corporation may avail itself of the evidentiary privilege which allows concealment of such confidential communications. This so-called attorney-client privilege is the oldest of the privileges for confidential communications known to the common law. However, its application in the corporate context has been quite unpredictable for the past twenty years.

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Lawyer Competence And The Law Schools, Roger C. Cramton Jan 1981

Lawyer Competence And The Law Schools, Roger C. Cramton

University of Arkansas at Little Rock Law Review

No abstract provided.

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Client Perjury: The Kutak Commission And The Association Of Trial Lawyers On Lawyers, Lying Clients, And The Adversary System, Charles W. Wolfram Oct 1980

Client Perjury: The Kutak Commission And The Association Of Trial Lawyers On Lawyers, Lying Clients, And The Adversary System, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

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Report And Recommendations On Study Of The Model Rules Of Professional Conduct (Discussion Draft Of January 30, 1980), National Organization Of Bar Counsel Aug 1980

Report And Recommendations On Study Of The Model Rules Of Professional Conduct (Discussion Draft Of January 30, 1980), National Organization Of Bar Counsel

Miscellaneous Materials

No abstract provided.

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Review Essay, The Model Rules Of Professional Conduct, James Stark Jul 1980

Review Essay, The Model Rules Of Professional Conduct, James Stark

Faculty Articles and Papers

No abstract provided.

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Settlement Strategy, Evaluation, And Brochures Lawyer's Forum - Settlements - New Perspectives., James L. Branton Jun 1980

Settlement Strategy, Evaluation, And Brochures Lawyer's Forum - Settlements - New Perspectives., James L. Branton

St. Mary's Law Journal

Abstract Forthcoming.

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Discovery Problems In Civil Cases, Joseph L. Ebersole, Barlow Burke Apr 1980

Discovery Problems In Civil Cases, Joseph L. Ebersole, Barlow Burke

Federal Judicial Center Reports

This publication is a product of a study undertaken in furtherance of the Center's statutory mission to conduct and stimulate research and development on matters of judicial administration. The analyses, conclusions, and points of view are those of the authors. This work has been subjected to staff review within the Center, and publication signifies that it is regarded as responsible and valuable. It should be emphasized, however, that on matters of policy, the Center speaks only through its Board.

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Assistance Of Counsel In Texas., Sam Houston Clinton, Brian William Mar 1980

Assistance Of Counsel In Texas., Sam Houston Clinton, Brian William

St. Mary's Law Journal

Abstract Forthcoming.

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Multiple Representation Of Targets And Witnesses During A Grand Jury Investigation, Peter W. Tague Jan 1980

Multiple Representation Of Targets And Witnesses During A Grand Jury Investigation, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

The propriety of one attorney representing several clients whose conduct is under investigation by a grand jury has been explored only superficially by the courts and the American Bar Association's Code of Professional Responsibility. Prosecutors nonetheless have often moved to disqualify counsel representing multiple clients in recent years, basing their motions both on the client's interest in loyal and competent representation and on the government's interest in the unimpeded progress of the grand jury investigation. Professor Tague discusses the factors that counsel should consider in deciding whether to undertake multiple representation at the grand jury stage, including strategy, ethics, and …

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Love, Professional Responsibility, The Rule Of Law, And Clinical Legal Education, Steven H. Leleiko Jan 1980

Love, Professional Responsibility, The Rule Of Law, And Clinical Legal Education, Steven H. Leleiko

Cleveland State Law Review

The primary purpose of this article is to explore the tensions which arise in persons who come to law school because they view the practice of law as an expression of their love and concern for people. In examining the underlying causes of these tensions, six related factors will be looked at: (1) the relationship between the values of traditional legal education and the support or lack of support which these values afford to the affective characteristics of students; (2) the role of one's job as a means of expressing love; (3) the role of job satisfaction in one's life; …

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