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Legal Ethics and Professional Responsibility

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Articles 1921 - 1950 of 2022

Full-Text Articles in Legal Profession

State Disbarment Proceedings And The Privilege Against Self-Incrimination, Jack C. Chilingirian Apr 1969

State Disbarment Proceedings And The Privilege Against Self-Incrimination, Jack C. Chilingirian

Buffalo Law Review

No abstract provided.


Trade Association Offering Legal Services - A Possibility For Small Corporations, Robert R. Hussey Jan 1969

Trade Association Offering Legal Services - A Possibility For Small Corporations, Robert R. Hussey

Cleveland State Law Review

Small corporations generally belong to a trade association which allows them to increase their proficiency in and knowledge of their industry. As a possible solution to the problem of increasing legal service requirements this paper investigates the suitability of allowing these trade associations to provide legal services to member corporations.


Labor Union Group Legal Service For Members, Eugene Green Jan 1969

Labor Union Group Legal Service For Members, Eugene Green

Cleveland State Law Review

The right of associations to provide their members with legal services appears to be as broad as the freedom of assembly and discussion protected by the First and Fourteenth Amendments. These freedoms "are not confined to any field of human interest" and are of the same dimension in matters of local or national interest.


Group Law Services In Patent Law, G. Franklin Rothwell Jan 1969

Group Law Services In Patent Law, G. Franklin Rothwell

Cleveland State Law Review

If group legal services are to pervade the field of patent law, and in view of the UMW case and the activities of the unregistered patent practitioners, that I suspect is imminent, the most stringent safeguards should be specifically set forth, including the following: specific approvaland regulation by the Patent Office of the group, its modus operandi,and the patent practitioners participation; and stringent restrictions by the Patent Office of the groups' advertising and promotional activities, both written and outside the group. The Patent Office now has statutory authority to regulate registered practitioners, and some regulation could be accomplished in this …


Pragmatic Approach To Problems Of Group Law Practice, Herschel Kriger Jan 1969

Pragmatic Approach To Problems Of Group Law Practice, Herschel Kriger

Cleveland State Law Review

United Mine Workers of America, District 12 v. Illinois State Bar Association, is one of the latest in a line of holdings which have demonstrated that areas heretofore considered by the Bar as sacrosanct unto itself or the state courts are not immune from re-evaluation. That decision, rendered on December 5, 1967, was not unexpected in the light of the pronouncements of the Supreme Court in NAACP v. Button, and Railroad Trainmen v. Virginia Bar Association, and the process is likely to continue.


Emily Post Goes To Court, Vincent S. Dalsimer Jan 1969

Emily Post Goes To Court, Vincent S. Dalsimer

Cleveland State Law Review

After a few years of observing attorneys from the other side, rather than the other end, of the counsel table, I have concluded that courtroom etiquette is the most rapidly declining of all of the social or professional graces. Perhaps this is because the fine points of the art are essentially trivia. Perhaps, on the other hand, the laudable modern trend away from the rigidity of procedure and the pre-trial sanctity of the opposing side's theory of the lawsuit has been carried to the point of dropping the facade of courtesy along with the penetration of the shield of the …


Elliott E. Cheatham: His Contributions To A Developing Sense Of Professional Responsibility, Robert E. Mathews Dec 1968

Elliott E. Cheatham: His Contributions To A Developing Sense Of Professional Responsibility, Robert E. Mathews

Vanderbilt Law Review

It may not, after all, be difficult to be a nunc pro tunc prophet, but it takes real imagination to think of it. Hindsight is quite another matter; all of us are constantly explaining how a better decision years ago would have made for a happier world today. But to think in 1947 of assuming oneself to have been prophesying in 1897 as to what would be the state of affairs fifty years thence reveals an imaginative gift of some magnitude. Not only does it offer a sure-fire guaranty of accuracy of prediction, but also it dramatizes the fallibility of …


Legal Aid In North Carolina, Jerry Dee Moize Jun 1968

Legal Aid In North Carolina, Jerry Dee Moize

West Virginia Law Review

No abstract provided.


Human Attitudes In Appalachia, Jack E. Weller Jun 1968

Human Attitudes In Appalachia, Jack E. Weller

West Virginia Law Review

No abstract provided.


A Conservative Rationale For The Legal Services Program, Earl Johnson Jr. Jun 1968

A Conservative Rationale For The Legal Services Program, Earl Johnson Jr.

West Virginia Law Review

No abstract provided.


Legal Services And The Legal Establishment, Eugene F. Mooney Jun 1968

Legal Services And The Legal Establishment, Eugene F. Mooney

West Virginia Law Review

No abstract provided.


The Law, Lawyers And Appalachia, Harry M. Caudill Jun 1968

The Law, Lawyers And Appalachia, Harry M. Caudill

West Virginia Law Review

No abstract provided.


A Legal Services Program For West Virginia: Introduction, David G. Hanlon Jun 1968

A Legal Services Program For West Virginia: Introduction, David G. Hanlon

West Virginia Law Review

No abstract provided.


Wisconsin Judicare, Joseph F. Preloznik Jun 1968

Wisconsin Judicare, Joseph F. Preloznik

West Virginia Law Review

No abstract provided.


Attorney--The Fifth Amendment And Disbarment Proceedings, Patrick David Deem Feb 1968

Attorney--The Fifth Amendment And Disbarment Proceedings, Patrick David Deem

West Virginia Law Review

No abstract provided.


Lawyer's Role In Resistance, Michael E. Tigar Jan 1968

Lawyer's Role In Resistance, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Attorney-Client-Client's Right To Engage Out-Of-State Attorney For Advice Concerning Federal Claim Is A Privilege And Immunity Of National Citizenship--Spanos V. Skouras Theatre Corp., Michigan Law Review Jan 1967

Attorney-Client-Client's Right To Engage Out-Of-State Attorney For Advice Concerning Federal Claim Is A Privilege And Immunity Of National Citizenship--Spanos V. Skouras Theatre Corp., Michigan Law Review

Michigan Law Review

The state and federal courts, existing side by side within the boundaries of each state, separately control admission to practice law before their respective bars. Although membership in a state bar is generally a prerequisite for admission to the bar of a federal court, the two systems do function under separate and distinct ground rules, and they appear to have done so with a minimum of friction. However, the principal case is indicative of the problems that may arise when state policy on the right to practice law within the state conflicts with federal policy.


Unauthorized Practice Of Law-Union Program Of Hiring Attorneys Is Unauthorized Practice Of Law--Illinois State Bar Ass'n V. United Mine Workers Of America, Michigan Law Review Jan 1967

Unauthorized Practice Of Law-Union Program Of Hiring Attorneys Is Unauthorized Practice Of Law--Illinois State Bar Ass'n V. United Mine Workers Of America, Michigan Law Review

Michigan Law Review

District 12 of the United Mine Workers (UMW) employed an attorney on a salary basis to prosecute members' claims under the Workmen's Compensation Act. Members were free to employ other counsel, but if they sought help from the union lawyer, the union agreed not to interfere with the attorney-client relationship. The attorney prepared his case from filed reports of the accidents, and, generally, his first contact with the union member was when they appeared before the Commission. Since the attorney was compensated by the union, the entire amount received in award or settlement went to the member. The Illinois Bar …


Attorneys--Self-Incrimination--The Attorney's Privilege Against Self-Incrimination In A Disbarment Proceeding, Michigan Law Review Dec 1966

Attorneys--Self-Incrimination--The Attorney's Privilege Against Self-Incrimination In A Disbarment Proceeding, Michigan Law Review

Michigan Law Review

A state court has jurisdiction to deal with the alleged misconduct of attorneys practicing before it either explicitly by statute or by ' virtue of its power to control the conduct of its own affairs. Indeed, it can suspend or disbar an attorney who fails to maintain the standard of conduct established for members of the legal profession. One aspect of such a standard is that an attorney is bound not to obstruct the administration of justice, a duty which imposes upon him an affirmative obligation to cooperate with the courts. The question frequently arises whether, in order to satisfy …


Attorney And Client--Acts Of Real Estate Broker Constitutiong Unauthorized Practice Of Law, K. Paul Davis Dec 1966

Attorney And Client--Acts Of Real Estate Broker Constitutiong Unauthorized Practice Of Law, K. Paul Davis

West Virginia Law Review

No abstract provided.


Legal Ethics And The Poverty Program, Kenneth D. Korosec Jan 1966

Legal Ethics And The Poverty Program, Kenneth D. Korosec

Cleveland State Law Review

This paper has attempted to reconcile the neighborhood legal services plan with the existing Canons of Professional Ethics.The prime argument is that the plan provides benefits to society, and that the Canons were designed to prevent evils far different from the questions presented by the project. This is the fundamental issue: whether the canons are merely bent, or, in reality, broken. In either event, the canons should not prevent justice for those too poor to pay for a lawyer. The"redeeming social interest" spoken of by the Court in obscenity cases and the "overriding social importance" talked about in social legislation …


Solicitation By And For Attorneys, Richard R. Gygli, Gordon W. Larson Jan 1966

Solicitation By And For Attorneys, Richard R. Gygli, Gordon W. Larson

Cleveland State Law Review

The young attorney often may have time on his hands. He may be tempted to increase his following by advertising or by soliciting clients, but rules of the bar and statutes against solicitation prevent this. There are, of course, some forms of advertising open to all lawyers. National directories and law lists, such as the Martin dale-Hubbell Law Directory, theoretically published only for lawyers, not only advertise the attorney and his firm, but also list the names of any clients whom he wishes to give as representative of his practice and his specialties.


Meeting Of Special Committee On Evaluation Of Ethical Standards, American Bar Association Dec 1965

Meeting Of Special Committee On Evaluation Of Ethical Standards, American Bar Association

American Bar Association Historical Documents on Ethics

Transcript of the December 3-4, 1965 meeting held in Austin, TX.


Scientific Eclat And Technological Change: Some Implications For Legal Education, George T. Frampton Jun 1965

Scientific Eclat And Technological Change: Some Implications For Legal Education, George T. Frampton

Michigan Law Review

The law-trained man has frequently been viewed as faced toward the past and preoccupied with precedent, form, words, technicalities, and money. Well might such a man be the fitting product of an educational diet of moldering appellate case opinions taken Socratically with a few crusts of casebook "notes" and classroom lapses into lecture. This is not a man for the season of scientific successes or for a society transformed by technological change.


The Unauthorized Practice Of Law: A Public Relations Problem, Carl Howell Jr. Jan 1965

The Unauthorized Practice Of Law: A Public Relations Problem, Carl Howell Jr.

Kentucky Law Journal

No abstract provided.


Split Loyalty: An Ethical Problem For The Criminal Defense Lawyer, Gerald S. Gold Jan 1965

Split Loyalty: An Ethical Problem For The Criminal Defense Lawyer, Gerald S. Gold

Cleveland State Law Review

Nowhere in law do ethical considerations play a greater part or come into greater conflict than in the defense of those accused of crime. The lawyer defending an accused owes a duty to his client, a duty to society, and a duty to the court. The duties to each are not completely clear and when the various loyalties conflict, fair, safe, and moral resolutions are most difficult.


Abuse Of Attorneys By Judges, Francis G. Homan Jr. Jan 1965

Abuse Of Attorneys By Judges, Francis G. Homan Jr.

Cleveland State Law Review

Popular notions have it that almost all misconduct in the courtroom is attributable to attorneys. Yet many practitioners before the bar have suffered abuse by members of the judiciary. How frequently this occurs is not known, but sometimes incidents of non-judicial conduct are revealed in other than case reports.


Reasonable Fee And Professional Discipline, William C. Romell Jan 1965

Reasonable Fee And Professional Discipline, William C. Romell

Cleveland State Law Review

The question propounded by this article is - what exactly is the "reasonable" fee, and conversely under what conditions may a fee be adjudged so unreasonable that the legal profession may administer justifiable discipline to the attorney charging such a fee?


Ethical Standards Of The Bar, Lewis F. Powell Jr. Oct 1964

Ethical Standards Of The Bar, Lewis F. Powell Jr.

Powell Speeches

No abstract provided.


Investigation Of Unauthorized Practice Of Law By Omnibus Proceeding: The Ohio Method, Jerome M. Smith Jun 1964

Investigation Of Unauthorized Practice Of Law By Omnibus Proceeding: The Ohio Method, Jerome M. Smith

Michigan Law Review

The practice of law is impressed with a public interest. Whether by representation in a judicial proceeding or by advice on a legal problem, the lawyer renders professional service to the public. Preserving client confidences, assuring unquestioned loyalty, and rendering expert counsel are typical obligations of the legal profession. Another responsibility of lawyers is that of protecting the public from legal practice by unqualified laymen. Three areas of activity are involved in preventing unauthorized practice of law. Lawyers and public officials must define the practice of law/ investigate and prosecute unlicensed practitioners, and by judicial remedy prohibit further unauthorized practice. …