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Michigan Law Review

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Articles 181 - 210 of 269

Full-Text Articles in Legal Profession

Gair & Cutler: Negligence Cases: Winning Strategy, Marcus L. Plant Apr 1958

Gair & Cutler: Negligence Cases: Winning Strategy, Marcus L. Plant

Michigan Law Review

A Review of Negligence Cases: Winning Strategy. By Harry A. Gair and A. S. Cutler.


Constitutional Law - Due Process - Denial Of Admission To The Bar Based On Unwarranted Inferences Of Bad Moral Character, Jerome B. Libin Jan 1958

Constitutional Law - Due Process - Denial Of Admission To The Bar Based On Unwarranted Inferences Of Bad Moral Character, Jerome B. Libin

Michigan Law Review

Power over admission to the bar has long been vested in the judiciary of each state. While the legislature may prescribe certain standards, the state court alone is responsible for the determination of those qualified for the practice of law within its jurisdiction. The application of these standards often demands the exercise of meticulous judgment by the court in reaching its conclusion as to an applicant's fitness. Where, on the evidence or lack of evidence presented, the court finds that it cannot in good conscience grant its approval, the candidate is denied admission. To the extent that such a denial …


Attorney And Client - Scope Of Attorney's Authority - Client Bound By Wrongful Settlement Of Claim, Robert M. Vorsanger Jan 1958

Attorney And Client - Scope Of Attorney's Authority - Client Bound By Wrongful Settlement Of Claim, Robert M. Vorsanger

Michigan Law Review

Plaintiff hired an attorney to prosecute a claim for damages resulting from the alleged negligence of defendant, a chiropodist, in the treatment of plaintiff's wife. Three years after the institution of the suit plaintiff discovered that his attorney had agreed with defendant to settle the suit and had forged plaintiff's name to a release and to a bank draft given by defendant in settlement of the claim. Plaintiff immediately instituted action to have the settlement stipulation deleted from the record and to have the case reinstated for hearing. On appeal from the trial court's decision for plaintiff, held, reversed. …


Pierson: The Defense Attorney And Basic Defense Tactics; Defense Law Journal, Vol.1, Marcus L. Plant Jun 1957

Pierson: The Defense Attorney And Basic Defense Tactics; Defense Law Journal, Vol.1, Marcus L. Plant

Michigan Law Review

A Review of The Defense Attorney and Basic Defense Tactics. By Welcome D. Pierson., DEFENSE LAW JOURNAL, vol. 1.


Corporations - Stockholders - Availability Of Federal Remedy As Basis For Denial Of Attorney Fees In Derivative Action, Jerome Prewoznik Feb 1957

Corporations - Stockholders - Availability Of Federal Remedy As Basis For Denial Of Attorney Fees In Derivative Action, Jerome Prewoznik

Michigan Law Review

Defendants were directors of Merritt, Chapman and Scott Corporation and of Montgomery Ward & Co., Inc. simultaneously. Plaintiff, a stockholder in Merritt, instituted a derivative suit to compel the resignation of defendants from their positions with Ward on the ground that an interlocking directorate existed making Merritt subject to criminal and civil prosecution under federal law. Defendants resigned before judgment. Plaintiff, arguing that its suit was the cause of the resignations and that Merritt was thereby benefited, moved for an award of counsel fees to be assessed against Merritt. Held, application for counsel fee denied. Plaintiff could have achieved …


Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop May 1956

Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop

Michigan Law Review

A Review of A Common Lawyer Looks at the Civil Law. By F. H. Lawson.


Vanderbilt: The Challenge Of Law Reform, Glenn R. Winters Apr 1956

Vanderbilt: The Challenge Of Law Reform, Glenn R. Winters

Michigan Law Review

A Review of The Challenge of Law Reform. By Arthur T. Vanderbilt.


Denning: The Road To Justice, Geoffrey De Deney Jan 1956

Denning: The Road To Justice, Geoffrey De Deney

Michigan Law Review

A Review of The Road to Justice. By Sir Alfred Denning.


Legislation - Application Of Merchantile License Tax To Lawyers, Edward H. Hoenicke May 1955

Legislation - Application Of Merchantile License Tax To Lawyers, Edward H. Hoenicke

Michigan Law Review

The Philadelphia City Council passed an ordinance entitled "An Ordinance--To provide for revenue by imposing a mercantile license tax on persons engaging in certain businesses including manufacturing, professions, occupations, trades, vocations, and commercial activities in the City of Philadelphia. . . ." Under this ordinance the city required lawyers to register, pay a registration fee, and pay a tax on a percentage of their gross volume of business; thereupon, "mercantile licenses" were issued to them. The city charter required each ordinance to deal with one subject only and to express that subject in the title. The application of the ordinance …


Beaney: The Right To Counsel In American Courts, William M. Kunstler Apr 1955

Beaney: The Right To Counsel In American Courts, William M. Kunstler

Michigan Law Review

A Review of The Right to Counsel in American Courts. By William M. Beaney


Evidence - Attorney-Client Privilege - Communications Relating To Future Criminal Transactions, Robert B. Fiske, Jr. S.Ed. Jan 1955

Evidence - Attorney-Client Privilege - Communications Relating To Future Criminal Transactions, Robert B. Fiske, Jr. S.Ed.

Michigan Law Review

Defendant was subpoenaed in connection with a grand jury investigation of gambling and corruption of public officials. He had been retained by one 'Willie" Moretti as attorney for five of his associates in October, 1950 after a complaint charging a gambling conspiracy had been filed against them. During some two hundred conferences with Moretti in the following year, defendant learned that protection money was being paid to certain high ranking state officials, Moretti at one point complaining of the frequent demands of these officials for more· money. Moretti also discussed with defendant a visit he had paid to the home …


Biskind: How To Prepare A Case For Trial, And Lake: How To Win Lawsuits Before Juries, Charles W. Joiner Nov 1954

Biskind: How To Prepare A Case For Trial, And Lake: How To Win Lawsuits Before Juries, Charles W. Joiner

Michigan Law Review

A Review of How to Prepare a Case for Trial. By Elliott L. Biskind; How to Win Lawsuits Before Juries . By Lewis W. Lake


Jacobs: Law Writers And The Courts, Richard. A. Edwards Nov 1954

Jacobs: Law Writers And The Courts, Richard. A. Edwards

Michigan Law Review

A Review of Law Writers and the Courts. By Clyde E. Jacobs


Taxation - Federal Income Tax - Deductibility Of Expenses Incurred By Attorney In Attending Tax Institute, John E. Riecker S.Ed. Jan 1954

Taxation - Federal Income Tax - Deductibility Of Expenses Incurred By Attorney In Attending Tax Institute, John E. Riecker S.Ed.

Michigan Law Review

Petitioner was a member of a firm of lawyers engaged in general practice in Binghamton, New York. The firm did enough work in federal taxation to warrant petitioner's specializing in this field, and his partners relied upon him to keep abreast of all significant developments in tax law. Petitioner attended the Fifth Annual Institute on Federal Taxation, conducted in New York City under the sponsorship of New York University and designed exclusively for practitioners and specialists in the tax field. He incurred expenses for travel, board, lodging, and tuition, all of which he deducted as ordinary and necessary business expenses …


Soonavala: Advocacy, Its Principles And Practice, Charles W. Joiner Jan 1954

Soonavala: Advocacy, Its Principles And Practice, Charles W. Joiner

Michigan Law Review

A Review of Advocacy, Its Principles and Practice. By R. K. Soonavala


Sunderland: History Of The American Bar Association And Its Work, Glenn R. Winters Dec 1953

Sunderland: History Of The American Bar Association And Its Work, Glenn R. Winters

Michigan Law Review

A Review of History of the American Bar Association and its Work . By Edson R. Sunderland.


Evidence-Privilege-Extension Of Attorney-Client Privilege To Administrative Practitioners, Richard W. Pogue S.Ed. Feb 1953

Evidence-Privilege-Extension Of Attorney-Client Privilege To Administrative Practitioners, Richard W. Pogue S.Ed.

Michigan Law Review

In an action for rescission for transfer of patent rights, for breach of warranty of title and fraud, a pretrial examination of defendant's agent, as one familiar with facts concerning the transfer, was ordered by the court. Defendant objected to certain questions on the ground that the agent was in the status of attorney to defendant and that the matters in question were confidential communications protected from disclosure by the common law and statutory attorney-client privilege. The agent was a patent agent duly registered and authorized to practice as such before the United States Patent Office, but was not admitted …


Vanderbilt: Cases And Materials On Modern Procedure And Judicial Administration, Charles W. Joiner Feb 1953

Vanderbilt: Cases And Materials On Modern Procedure And Judicial Administration, Charles W. Joiner

Michigan Law Review

A Review of CASES AND MATERIALS ON MODERN PROCEDURE AND JUDICIAL ADMINISTRATION by Arthur T. Vanderbilt.


Legal Fraternities, Kenneth H. York May 1952

Legal Fraternities, Kenneth H. York

Michigan Law Review

No exact computation of the number of practicing attorneys who are members of legal fraternities is available. However, well over 120,000 law students have in the past 82 years affiliated with a legal fraternity-no account being taken of the numbers belonging to purely local societies. Since the great majority of these individuals have entered into the practice, it is apparent that the Survey of the Legal Profession would not be exhaustive without some reference to such organizations. Professional Greek-letter fraternities now exist in practically all conceivable fields from Animal Husbandry to Textile Arts. Their legal counterpart furnished the model.


Brownell: Legal Aid In The United States., Glenn R. Winters Mar 1952

Brownell: Legal Aid In The United States., Glenn R. Winters

Michigan Law Review

A Review of LEGAL AID IN THE UNITED STATES. By Emery A. Brownell.


Bowen: John Adams And The American Revolution, Michigan Law Review Dec 1950

Bowen: John Adams And The American Revolution, Michigan Law Review

Michigan Law Review

A Review of JOHN ADAMS AND THE AMERICAN REVOLUTION. By Catherine Drinker Bowen.


Attorney And Client-Criticism Of Court As Ground For Disciplinary Action, Howard Jacobs Oct 1945

Attorney And Client-Criticism Of Court As Ground For Disciplinary Action, Howard Jacobs

Michigan Law Review

Defendant, an attorney, while candidate for nomination to the office of Justice of the Supreme Court of Wyoming, wrote and circulated a pamphlet making false, contemptuous and scandalous charges against the court. He admitted in the pamphlet that he became a candidate for the sole purpose of attacking the court. Held, preparing and circulating such a pamphlet amounted to willful violation of defendant's duties as an attorney of the State of Wyoming, and constituted a legal cause for his suspension from practice for six months. State Board of Law Examiners v. Spriggs, (Wyo. 1945) 155 P. (2d) 285.


Attorneys-Practice Of Law-Preparation Of Tax Returns By Laymen, Benjamin M. Quigg, Jr. S.Ed. Jun 1944

Attorneys-Practice Of Law-Preparation Of Tax Returns By Laymen, Benjamin M. Quigg, Jr. S.Ed.

Michigan Law Review

The members of Lowell Bar Association brought a suit in equity to restrain respondents, who are not members of the bar, from holding themselves out as qualified to practice law, and from giving legal advice in respect to liability to pay income taxes and to enjoin the preparation and execution of income tax returns. The facts showed that respondents had advertised, by newspaper and placards, an income tax-service for individuals, including preparation of tax return and "counsel in handling income tax matters should any develop after the official audit by the U.S. Tax Department." The lower court enjoined respondents from …


German Lawyers-Training And Functions, Burke Shartel, Hans Julius Wolff Dec 1943

German Lawyers-Training And Functions, Burke Shartel, Hans Julius Wolff

Michigan Law Review

Before Hitler, Germany took justifiable pride in the quality of its judiciary, its bar and its legally trained officials. Germany was a country where special training for civil, military, business, and professional functions was highly developed and where special qualifications were highly esteemed. The solid quality of all legal personnel was merely a consequence and manifestation in one sphere of a general stress on expertness which characterized all aspects of German life. The high standards of bench, bar and other legal personnel have, however, been largely broken down by the Hitler regime. This result has not ensued from an open …


The Story Of A County Prosecutor: A Review, Henry M. Bates Apr 1943

The Story Of A County Prosecutor: A Review, Henry M. Bates

Michigan Law Review

During the later years of the last century the writing about law began to undergo a profound change. Generally speaking, prior to the period indicated it had been largely a statement of what the law was supposed to be as found in legislation and, in Anglo-American countries particularly, in the decisions and opinions of courts. Relatively, it was dogmatic, technical, often too general to be of much use in particular cases and gave a very imperfect picture of the law as actually administered.


Attorney And Client - Malpractice - Accrual Of Action - Statute Of Limitations Feb 1943

Attorney And Client - Malpractice - Accrual Of Action - Statute Of Limitations

Michigan Law Review

Plaintiff, in March, 1934, while in the employ of a manufacturing concern, suffered severe injuries. In September, 1935, he employed the defendant, an attorney, to present and prosecute a claim for compensation. The claim was filed in March, 1937; it was dismissed by the Industrial Commission on the ground that it was barred by the two-year statute of limitations governing such claims. Apparently the attorney, continuing his efforts on behalf of his client, persuaded the employer to make a voluntary settlement, for the plaintiff alleges that, in May of 1940, he endorsed the employer's check over to the attorney, accepted …


Attorney And Client - Illegal Practice Of Law - Activities Of Insurance Investigators And Adjusters Which Constitute Practice Of Law, Jay W. Sorge Dec 1941

Attorney And Client - Illegal Practice Of Law - Activities Of Insurance Investigators And Adjusters Which Constitute Practice Of Law, Jay W. Sorge

Michigan Law Review

The defendant was an independent insurance adjuster and investigator who for more than seven years had been engaged in adjusting and investigating insurance claims for both insurance companies and claimants. He advertised in insurance periodicals and wrote letters to insurance companies to interest them in the service he rendered. He charged his clients on a fee basis and maintained his office at his own expense. Suit was brought to restrain him from practicing law without a license. Held, defendant could not give advice as to legal rights of either insurance company or claimant, but could communicate advice of counsel …


Woe Unto You Lawyers: A Review, Max Radin Feb 1940

Woe Unto You Lawyers: A Review, Max Radin

Michigan Law Review

The blurb on the cover twice calls this book a "lusty, gusty attack on The Law." No writer can be held responsible for the blurbs with which his book is commended to the public by those whose business it is to sell it. But many who read it--there will undoubtedly be many--will do so in the hope that it is precisely what the cover describes, since lusty, gusty attacks on anything make juicy reading and law and lawyers have been fair game almost ever since either word became a term of common speech. Professor Rodell's title is taken from the …


Law Departments And Law Officers In American Governments, John A. Fairlie Apr 1938

Law Departments And Law Officers In American Governments, John A. Fairlie

Michigan Law Review

On all levels of government, national, state and local, the need for the services of professional lawyers has been recognized. In addition to the judges of the higher courts, there are other law officers, whose function it is to give legal advice and assistance to the various executive administrative agencies, and to act as attorneys for the government and its officials in proceedings before the judicial courts in the enforcement of criminal laws and in other cases where the government or its officials are parties or are concerned with the legal problems involved. Little attention has been given to the …


Attorney And Client - Constitutionality Of Statute Authorizing Laymen To Appear Before Workmen's Compensation Commission, Milton Rabinowitz Jun 1937

Attorney And Client - Constitutionality Of Statute Authorizing Laymen To Appear Before Workmen's Compensation Commission, Milton Rabinowitz

Michigan Law Review

Pursuant to legislative authorization the Illinois Industrial Commission promulgated a rule permitting representation by attorney or agent in proceedings before the Commission. Defendant, a layman, had made a business of handling and adjusting compensation claims, and an information was brought against him under a state statute forbidding unauthorized practice of law. Defendant sought sanctuary in the general license granted by the Commission, but the court held, that the Commission's rule was an infringement of judicial power in violation of the state constitution, and, consequently was no defense to the action. Chicago Bar Association v. Goodman, (Ill. 1937) U. …