Legal Profession Commons^™

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

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

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 …

The Art Of Appellate Advocacy, Jason L. Honigman

Michigan Law Review

Rules of practice and procedure provide technical information in regard to perfecting appeals, but they do not explain how to win an appeal any more than how to win a trial. Advocacy is not an exact science; the skills which contribute to effective advocacy, whether in a trial or on appeal, have long been recognized as an art. We shall here deal with these skills at the appellate level, bearing in mind, of course, the limitations of formulating rules or precepts that can adequately instruct in any art.

There is no single, prescribed method for writing a play or painting …

Chroust: The Rise Of The Legal Profession In America, William Wirt Blume

Michigan Law Review

A Review of The Rise of the Legal Profession in America 2 vol. by Anton-Hermann Chroust

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.

Group Legal Services And The Right Of Association, Michigan Law Review

Michigan Law Review

The United States Supreme Court has recently curtailed the reach of state statutes that prohibit solicitation of legal business. In two unprecedented opinions the Court has held that the soliciting activities of lay organizations fall within the protection of the right of association.

Weyrauch: The Personality Of Lawyers, John Donnelly M.D.

Michigan Law Review

A Review of The Personality of Lawyers. By Walter 0. Weyrauch

Smigel: The Wall Street Lawyer, Victor H. Kramer

Michigan Law Review

A Review of The Wall Street Lawyer By Erwin 0. Smigel

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. …

Thirty Years Of Legal Education, Allan F. Smith

Michigan Law Review

A generation of law students has moved through the University of Michigan Law Quadrangle since its dedication on June 13, 1934. The prophecy quoted above has been fulfilled, although the process of its fulfillment has not ended and will not end, for the process of law is indeed "an endless 'becoming.' " Despite the difficulties of carving segments from that which is essentially continuous and unbroken, it seems appropriate to pause at this thirtieth anniversary of the Quadrangle and to observe the segment of time which separates the dedication and the present day.

Llewellyn: Jurisprudence: Realism In Theory And Practice, Charles D. Kelso

Michigan Law Review

A Review of Jurisprudence: Realism in Theory and Practice By Karl N. Llewellyn.

Attorney And Client- Attorney's Rights Under Contract Of Partial Assignment-Effet Of Premature Termination Or Settlement Of Action, Charles Frederickson S.Ed

Michigan Law Review

In an action for personal injuries, defendant caused a subpoena to be served upon plaintiff requiring him to appear to give his deposition. Plaintiff wholly failed to appear, and no cause was shown for such failure. Defendant then filed a motion for dismissal of the suit pursuant to subsection (c), 215a, of the Texas Rules of Civil Procedure, and notice thereof was served upon plaintiff. Although plaintiff again made no appearance, his attorneys moved to intervene, asserting the contingent interest in the cause of action acquired by their contract with plaintiff. The trial court denied the motion for intervention and …

Chinese Communist Law: Its Background And Development, Luke T. Lee

Michigan Law Review

It is perhaps axiomatic to state that law is more than an instrument for the settlement of disputes and punishment of wrongdoers; it is, more importantly, a reflection of the way of life and the philosophy of the people that live under it. Self-evident though the above may be, it bears repeating here, for there is a much greater need for understanding Chinese law now than ever before. China's growing ideological, political, economic, and military impact on the rest of the world would alone serve as a powerful motivation for the study of its law. Certainly, we could not even …

Smith: Lawyer, William M. Beaney

Michigan Law Review

A Review of Lawyer. By Talbot Smith.

Evidence--Attorney-Client Privilege -- Identiy Of Client Held Privileged, Michael M. Hughes

Michigan Law Review

Petitioner attorney was retained by an organization of fruit merchants to investigate parking conditions on the New York piers which prevented its members from attending the daily fruit auctions, and to take steps to remedy this situation. During his investigations petitioner learned from one of his employers that two local politicians were being paid to allow certain large trailer trucks to continue parking illegally on the piers. The attorney reported this information to city officials. He was subsequently subpoenaed to testify on the matter before respondent, New York City Commissioner of Investigation, who was conducting an inquiry into waterfront conditions. …

Dedication, Michigan Law Review

Michigan Law Review

A Tribute to E. Blythe Stason

E. Blythe Stason, John R. Dethmers

Michigan Law Review

His extreme modesty and unwillingness to advertise himself or permit others to extol him, his utter unselfishness, and his complete subordination of self and personal interests to those of the University and Law School to which he gave four decades of loyal and devoted service, have combined to leave biographical materials about Dean E. Blythe Stason, except for the most routine accounts, almost nonexistent. Writings by him are amazing in number and scope. Writings about him can scarcely be found. This is not because there is a lack of things to write about him and his many, brilliant accomplishments in …

E. Blythe Stason- Engineer Of Administrative Law, Ashley Sellers

Michigan Law Review

The retirement of E. Blythe Stason from the deanship of the Law School of the University of Michigan affords occasion for testimonials to him and to his work, including preeminently his enormous contribution to the improvement of both federal and state administrative law. Imposing as has been his career as the beloved and successful Dean of that superb school, his eminence among the scholars and craftsmen in administrative law was achieved before he began to occupy the Dean's chair and, God willing, he will long continue to lend his strong, skilled hands to the never-ending task of the perfection of …

Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.

Michigan Law Review

It is the purpose of this comment to examine three common-law proceedings in which rules of evidence are generally not governed by statute, to determine whether the liberalism expressed in administrative hearings has extended to non-statutory areas. Specifically, to what extent have the exclusionary rules of evidence, which rest on the theory of preventing the jury from being misled (the "jury theory"), been abandoned in disbarment, habeas corpus, and grand jury proceedings?

Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.

Michigan Law Review

It is the purpose of this comment to examine three common-law proceedings in which rules of evidence are generally not governed by statute, to determine whether the liberalism expressed in administrative hearings has extended to non-statutory areas. Specifically, to what extent have the exclusionary rules of evidence, which rest on the theory of preventing the jury from being misled (the "jury theory"), been abandoned in disbarment, habeas corpus, and grand jury proceedings?

John Evarts Tracy, Michigan Law Review

Michigan Law Review

A tribute to the memory of John Evarts Tracy.

Cooper: Living The Law, John P. Dawson

Michigan Law Review

A Review of LIVING THE LAW. By Frank E. Cooper

Workmen's Compensation - Proceedings To Secure Compensation - Allowance Of Attorney's Fees To Claimants Unsuccessful On Appeal, Clayton R. Smalley

Michigan Law Review

Employee claimed total permanent disability as a result of an industrial accident, but was awarded compensation for only a twenty percent permanent disability. Claimant was denied certiorari by the Florida District Court of Appeals. However, claimant's request for an allowance of reasonable attorney's fees for the unsuccessful appeal was granted. Claimant's employer was then granted certiorari on its contention that the Florida workmen's compensation statute and a past Florida Supreme Court decision had established that attorney's fees would be allowed only when the claimant's appeal was successful. On certiorari, held, award of attorney's fees affirmed. The statute allows an …

The Duty Of Military Defense Counsel To An Accused, Alfred Avins

Michigan Law Review

This article is designed to study the manner in which those Canons of Professional Ethics have been assimilated into the administration of military justice and made the standards for the duty of a military defense counsel.

Resolution Of The Michigan Law Faculty On The Death Of Edgar Noble Durfee, Michigan Law Review

Michigan Law Review

A tribute to Edgar Noble Durfee

Edgar Durfee: Teacher And Scholar, George E. Palmer

Michigan Law Review

A tribute to Edgar Noble Durfee

Professor Durfee: A Student's Recollections, George A. Spater

Michigan Law Review

A tribute to Edgar Noble Durfee

Cooper: The Lawyer And Administrative Agencies, Whitney R. Harris

Michigan Law Review

A Review of The Lawyer and Administrative Agencies. By Frank E. Cooper.

Trumbull: Materials On The Lawyer's Professional Responsibility, Glenn R. Winters

Michigan Law Review

A Review of Materials on the Lawyer's Professional Responsibility. By William M. Trumbull.