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Articles 91 - 120 of 166
Full-Text Articles in Legal Profession
Criminal Procedure—Washington's Standard For Determining Ineffectiveness Of Counsel—State V. Jury, 19 Wn. App. 256, 576 P.2d 1302 (1978), Joanne L. Tompkins
Criminal Procedure—Washington's Standard For Determining Ineffectiveness Of Counsel—State V. Jury, 19 Wn. App. 256, 576 P.2d 1302 (1978), Joanne L. Tompkins
Washington Law Review
This note first examines the development of the standards currently applied in Washington for determining whether a defendant has been denied effective assistance of counsel and whether that denial was prejudicial. It then analyzes the Jury court's application of the standards, and concludes that the court's interpretation of the standards, while better reasoned than prior Washington case law, is not supported by Washington Supreme Court precedent. Finally, it is suggested that Jury's primary importance is the increased pressure it may place on the Washington Supreme Court to review and clarify this area of Washington law
Benign Solicitation Of Clients By Attorneys, Joe Wishcamper
Benign Solicitation Of Clients By Attorneys, Joe Wishcamper
Washington Law Review
The purpose of this comment is to discuss the social benefits offered by benign commercial solicitation, examine the weaknesses in the current ABA rules and court doctrine, and suggest arguments that could be presented to persuade a court to abandon the traditional doctrine and provide protection for such solicitation. An alternative approach is presented which suggests dealing with solicitation cases by applying a "circumstances" oriented test. The suggested test would avoid some of the infirmities of the present doctrine and would be more useful in predicting outcomes of such cases.
Attorneys' Fees—Public Interest Law—Beyond Alyeska: Creating A Workable Private Attorney General Exception—Alyeska Pipeline Service Co. V. Wilderness Society, 421 U.S. 240 (1975), Stephen M. Todd
Washington Law Review
Following a successful appeal in litigation undertaken in the public interest, plaintiffs Wilderness Society and others requested an award of attorneys' fees. The Court of Appeals for the District of Columbia Circuit adopted the "private attorney general" exception to the American rule which bars fee shifting and authorized an award against codefendant Alyeska Pipeline Service Company of one-half of the reasonable value of the legal services utilized by plaintiffs. On certiorari, the Supreme Court reversed. Held: Absent congressional authorization, federal courts lack the equity power to award attorneys' fees to a private litigant for the vindication of a statutory right. …
Prisoners' Right Of Access To Courts: Planning For Legal Aid, Geoffrey P. Alpert
Prisoners' Right Of Access To Courts: Planning For Legal Aid, Geoffrey P. Alpert
Washington Law Review
The civil rights movement has reached into prisons and jails, directing public attention to the fact that prisoners are also beneficiaries of the rights and privileges that the Constitution extends to all citizens. After a discussion of the development of prisoners' rights, this article will survey the major cases establishing prisoners' rights of access to courts and legal assistance. It will summarize previous research dealing with prisoners and their legal problems on a national scale, and extend that research by presenting the findings of a recent research project conducted in the Washington State prison system evaluating the legal needs of …
Regulating The Multistate Practice Of Law, Samuel J. Brakel, Wallace D. Loh
Regulating The Multistate Practice Of Law, Samuel J. Brakel, Wallace D. Loh
Washington Law Review
This article will present some conclusions on theoretical grounds about the existing rules and the public protection rationale. There will be some discussion about the application of these rules to various multistate practice situations. Finally, the article will suggest directions for future empirical research in this area.
Union Group Legal Services: An Experiment In Group Legal Practice, William A. Roberts
Union Group Legal Services: An Experiment In Group Legal Practice, William A. Roberts
Washington Law Review
This article does not discuss the history of, the need for, or the philosophy underlying group legal programs; other literature adequately has explored these topics. Rather, this article is designed to acquaint those interested in group legal programs with the essential considerations in establishing such a program and with the operating procedure and results of the group legal program initiated by Union Group Legal Services.
Attorney-Client Privilege—Contempt: The Dilemma Of Non-Disclosure Of Possibly Privileged Information.—Dike V. Dike, 75 Wash. Dec. 2d 1, 448 P.2d 490 (1968), Anon
Washington Law Review
A recent Washington case examines the attorney's dilemma. In Dike v. Dike, the Washington Supreme Court reviewed a summary contempt conviction imposed upon an attorney for refusing to reveal the whereabouts of his client, the defendant in a pending divorce action. The client had removed her daughter from the temporary court-awarded custody of a third party, and would not return the child. Having failed to answer a motion to hold his client in contempt for violating the custody order, the attorney was directed to appear, and either produce the defendant or show cause why he could not produce her. The …
The Personality Of Lawyers: A Comparative Study Of Subjective Factors In Law, Based On Interviews With German Lawyers, By Walter O. Weyrauch (1964), Heinz Eulau
Washington Law Review
No abstract provided.
The Defense Of Indigent Persons Accused Of Crime In Washington—A Survey, Richard B. Amandes, George Neff Stevens
The Defense Of Indigent Persons Accused Of Crime In Washington—A Survey, Richard B. Amandes, George Neff Stevens
Washington Law Review
Eight months before the decision of the United States Supreme Court in Gideon v. Wainwright the American Bar Association, in accordance with its long existing concern with the problem of indigent defendants, authorized the appointment of a special committee with associate subcommittees in each state "to study present practices and to initiate, coordinate and accelerate efforts to assure adequacy of the defense provided indigent persons accused of crime in the United States..." The work of state subcommittees was coordinated and directed by the American Bar Foundation. This article is based upon the report prepared by the Washington subcommittee, and follows …
Alien Lawyers In The United States And Japan—A Comparative Study, Kaname Ohira, George Neff Stevens
Alien Lawyers In The United States And Japan—A Comparative Study, Kaname Ohira, George Neff Stevens
Washington Law Review
The steadily increasing economic and social contacts between Japan and the United States are illustrative of a development which has brought lawyers and laymen of all countries face to face with the need for more adequate, and accurate, information about the laws of all countries. Since the lawyer is the fount to which the informed layman turns for legal advice, it would seem quite natural for such a layman, faced with a problem involving foreign law, either to seek advice from his own attorney, or to turn to an alien admitted to the bar of the country, the laws of …
The Roles Of Lawyers In U.S.-Japanese Business Transactions, Dan Fenno Henderson
The Roles Of Lawyers In U.S.-Japanese Business Transactions, Dan Fenno Henderson
Washington Law Review
This article deals with the organization, qualifications and roles of lawyers in U.S.-Japanese transactions, with emphasis on the liaison lawyer. It is not easy for the liaison lawyer to define his specialty because it is determined by the transactions, and they sprawl across the borders of two or more countries and cut across multiple fields of substantive law. Some awkward professional problems and postures can result. First, there are unusual threshold problems of language and multiple bar membership, different professional ethics and scopes of practice, and conflicting governing laws. Then once in the practice, the liaison lawyer's inventory of useful …
Admission To The Bar, Disbarment And Disqualification Of Lawyers In Japan And The United States—A Comparative Study, Kaname Ohira, George Neff Stevens
Admission To The Bar, Disbarment And Disqualification Of Lawyers In Japan And The United States—A Comparative Study, Kaname Ohira, George Neff Stevens
Washington Law Review
It is the purpose of this paper to discuss and compare the procedure for admission to the bar and the grounds for disbarment and disqualification of lawyers in Japan and the United States.
Attorney-Client—Disciplinary Proceedings—Mental Competency, Evan L. Schwab
Attorney-Client—Disciplinary Proceedings—Mental Competency, Evan L. Schwab
Washington Law Review
May mental irresponsibility be an effective defense in disciplinary proceedings brought against an attorney? The Washington court answered in the affirmative in the recent case of In re Sherman, setting forth the requirements for such a defense.
Washington Case Law—1960; Attorney-Client, Leon Misterek
Washington Case Law—1960; Attorney-Client, Leon Misterek
Washington Law Review
Presented below is the eighth annual Survey of Washington Case Law. The articles in this survey issue have been written by second-year students as a part of their program to attain status as nominees to the Law Review. The second-year students were guided in their work by the Casenote Survey Editor of the Law Review and by various members of the law school faculty. The case survey issue does not represent an attempt to discuss every Washington case decided in 1960. Rather, its purpose is to point out those cases which, in the opinion of the Editorial Board, constitute substantial …
Unauthorized Practice Of Law, Edward B. Mackie
Unauthorized Practice Of Law, Edward B. Mackie
Washington Law Review
Covers cases on a real estate broker held liable in damages for the unauthorized practice of law.
Report On Clients' Indemnity Fund, Hilton Gardner
Report On Clients' Indemnity Fund, Hilton Gardner
Washington Law Review
Some years ago the American Bar Association started a study of clients' security funds and appointed a committee known as the Committee on Clients and Security Funds. This committee of the State of Washington had frequently been asked just what is such a fund. Now a clients' security fund is a fund voluntarily established by the bar association for the purpose of reimbursing clients in those few instances in which a lawyer, while the attorney-client relationship existed, has misappropriated his clients' funds. The American Bar Association committee recommended the establishment of such funds by both state and local bar associations.
Federal Habeas Corpus And Incompetence Of Counsel In State Prosecutions, Mary Ellen Hanley
Federal Habeas Corpus And Incompetence Of Counsel In State Prosecutions, Mary Ellen Hanley
Washington Law Review
The purpose of this comment is to examine and analyze a group of recent decisions wherein persons convicted by state courts have sought writs of habeas corpus in federal district courts on the ground that the incompetence of counsel representing them at trial worked a deprivation of rights secured by the United States Constitution.
Attorney And Client, Anon
Attorney And Client, Anon
Washington Law Review
Contains a summary of one case on the wilful failure to pay income taxes as grounds for disbarment.
Attorney And Client, George Neff Stevens
Attorney And Client, George Neff Stevens
Washington Law Review
Covers bar association fees.
Shall Advocacy Vanish?, J. A. Gooch
Shall Advocacy Vanish?, J. A. Gooch
Washington Law Review
The subject of my remarks indicates that at some time in the past and as of now advocacy has been practiced. To me advocacy is the backbone and the real strength of justice in this great land of ours. The term "advocate" has been linked with the legal profession—and properly so—from the beginning of time. We are a profession that has always taken an objective point of view, as contrasted with the negative or defensive point of view, to the end that principles and ideals shall be maintained.
Our Inadequate Attorneys' Lien Statutes—A Suggestion, George Neff Stevens
Our Inadequate Attorneys' Lien Statutes—A Suggestion, George Neff Stevens
Washington Law Review
The average attorney has little interest in, nor does he realize the inadequacy of, the attorney's lien laws of his state—until he finds himself personally involved. Yet, a glance at the law reviews and pertinent cases indicates that the organized bar and its individual members should show more than a casual interest in the number and variety of problems arising in this field.
Report On Lawyers And The Fifth Amendment, George W. Martin
Report On Lawyers And The Fifth Amendment, George W. Martin
Washington Law Review
Lawyers are familiar with the history and development of the privilege and are keenly aware of the struggle we have had to preserve that right. As a part of our heritage it was placed in the Constitution in the Bill of Rights and was also incorporated in our various state constitutions. No one will deny that this privilege is one of the great landmarks in the struggle for justice, no one in his right mind would advocate that this right be taken away. Questions concerning the exercise and abuse of this privilege by a few lawyers have been aroused in …
Unauthorized Practice Of Law In Washington, Phillip Offenbacker
Unauthorized Practice Of Law In Washington, Phillip Offenbacker
Washington Law Review
Unauthorized practice of law is practice by one who has not been admitted to practice by the supreme court and who is not a member in good standing of the state bar association. It is now undisputed that the supreme court has sole jurisdiction over admission to practice and apparently may deal with unauthorized practice as an incident of its power over admission. However, unauthorized practice has also been the subject of legislative enactment. It follows, therefore, that the sanctions which are imposed to prevent the unauthorized practice of law in this state are of both judicial and legislative creation. …
Hidden Assets And Responsibilities, Lloyd Wright
Hidden Assets And Responsibilities, Lloyd Wright
Washington Law Review
We have just finished our 77th annual meeting of the American Bar Association. This meeting has, of course, been unique and unusually gratifying in that it was the occasion of dedicating the American Bar Center in which is lodged the American Bar Association's new headquarters and the American Bar Foundation research and library headquarters. You have all heard of this glorious accomplishment and every one who was there, I am sure, was thrilled because of the dignity, simplicity, and impressiveness of the ceremonies.
Legal Profession, Joan Smith
Legal Profession, Joan Smith
Washington Law Review
Covers cases on disciplinary actions related to contingent fee contracts in divorce actions.
The Libraries Of The Legal Profession: A Study Prepared For The Survey Of The Legal Profession, By William R. Roalfe (1953), Marian G. Gallagher
The Libraries Of The Legal Profession: A Study Prepared For The Survey Of The Legal Profession, By William R. Roalfe (1953), Marian G. Gallagher
Washington Law Review
The statistics, and the author's conclusions, make good bolstering material because they are as authoritative as it is possible to obtain. Mr. Roalfe has a fine reputation among lawyers and librarians as a law library oracle, partly because of this training and experience, and partly because he never seems to have an axe to grind. He will tell you where he stands personally, and then proceed to outline arguments on both sides of the question. In preparing this Survey, he has deviated from form only in limiting expression of personal opinion to the minimum which must creep into any author's …
Salesmanship For Lawyers, Ward Roney
Salesmanship For Lawyers, Ward Roney
Washington Law Review
You and I are very proud and happy to be members of the great and noble and ancient profession of law or else we would not be here, and yet all of us have suffered constantly throughout our lives malignment upon the part of the public, castigated as liars and thieves and crooks and everything unworthy of the trust which we hold sacred to our practice of the profession. And it is very unjustifiably so, of course, as you know. But we as individuals ard entirely responsible for that concept upon the part of the public.
Legal Aid In Retrospect And Prospect, Lane Summers
Legal Aid In Retrospect And Prospect, Lane Summers
Washington Law Review
In complying with the request for comment on the recently published book by Emery A. Brownell, entitled Legal Aid in the United States, I may appropriately quote from others writing on the same subject since the author largely uses that method of stating basic principles which, put together, prescribe legal aid as a social medicine
The Holy State, The Second Book, Chapter 1, The Good Advocate, Thomas Fuller
The Holy State, The Second Book, Chapter 1, The Good Advocate, Thomas Fuller
Washington Law Review
The following is an excerpt from The Holy State and the Profane State written by Thomas Fuller in 1642. It seemed to us a thoroughly charming piece of work and amazingly pertinent to "modern" practice. It is herewith offered for your pleasure and instruction.
The Function Of The Lawyer In Estate Planning, Charles I. Stone
The Function Of The Lawyer In Estate Planning, Charles I. Stone
Washington Law Review
Inflation and an unprecedented increase in employment and national income have multiplied the number of individuals having at least a modest net worth and therefore the groundwork for an estate. Our staggering national debt has been accompanied by an expanding and intricate pattern of taxation winch takes increasingly more from an increasingly greater group. From the individual's point of view, the only interruption in this trend has been the Revenue Act of 1948. It is probable, if not certain, that the future will bring greater tax demands. The many who have recently acquired actual or potential estates are finding themselves …