Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Ethics and Professional Responsibility (4)
- Courts (3)
- Criminal Procedure (3)
- Litigation (3)
- Comparative and Foreign Law (2)
-
- Consumer Protection Law (2)
- Estates and Trusts (2)
- Judges (2)
- Labor and Employment Law (2)
- Administrative Law (1)
- Agricultural and Resource Economics (1)
- American Studies (1)
- Arts and Humanities (1)
- Civic and Community Engagement (1)
- Civil Procedure (1)
- Commercial Law (1)
- Constitutional Law (1)
- Criminal Law (1)
- Dispute Resolution and Arbitration (1)
- Evidence (1)
- Intellectual Property Law (1)
- Law Enforcement and Corrections (1)
- Legal History (1)
- Legal Studies (1)
- Other Law (1)
- Privacy Law (1)
- Social Justice (1)
- Social and Behavioral Sciences (1)
- Keyword
-
- Technology (2)
- Unauthorized practice of law (2)
- Access to Justice (1)
- Accessibility (1)
- America (1)
-
- American Law Institute (1)
- Attorney Shortage (1)
- Attorney advertising (1)
- Attorney and client (1)
- Attorney-Client Relationship (1)
- Attorneys' fees (1)
- Bar Exams (1)
- Bar examinations (1)
- COVID-19 (1)
- Character & Fitness Hearings (1)
- Civil jury trial (1)
- Client Confidentiality (1)
- Communities (1)
- Community (1)
- Compliance (1)
- Court rules (1)
- Courthouses (1)
- Covid-19 (1)
- Crisis (1)
- Data Security (1)
- Demeanor evidence (1)
- Duty of Confidentiality (1)
- Estate planning (1)
- Evidence (1)
- Farm (1)
Articles 31 - 60 of 113
Full-Text Articles in Legal Profession
Federal Courts And Attorney Disqualification Motions: A Realistic Approach To Conflicts Of Interest, Linda Ann Winslow
Federal Courts And Attorney Disqualification Motions: A Realistic Approach To Conflicts Of Interest, Linda Ann Winslow
Washington Law Review
The motion to disqualify an adversary's attorney has become the newest weapon in a litigator's motion arsenal. Disqualification motions alleging conflicts of interest can result in a great advantage to the movant by denying the opposition their choice of counsel, or by delaying the proceedings for several weeks or months. The attractiveness of the attorney disqualification motion as a strategic weapon is enhanced by the failure of the courts to impose sanctions against attorneys who bring frivolous disqualification motions. This Comment examines the treatment in federal courts of motions made to disqualify an adversary attorney and the relevant rules of …
The Supreme Court's Interpretation Of Section 1988 And Awards Of Attorney's Fees For Work Performed In Administrative Proceedings: A Proposal For A Result-Oriented Approach—North Carolina Department Of Transportation V. Crest Street Community Council, Inc., 107 S. Ct. 336 (1986), Richard Gans
Washington Law Review
In 1976, Congress enacted the Civil Rights Attorney's Fees Awards Act, amending 42 U.S.C. § 1988. Section 1988 authorizes courts to award attorney's fees to claimants who prevail in actions or proceedings to enforce civil rights under any of the laws enumerated in the Section. In North Carolina Department of Transportation v. Crest Street Community Council, Inc., the United States Supreme Court for the first time addressed the issue of whether a party may seek attorney's fees in a court action apart from the action or proceeding in which the party seeks to enforce civil rights. Justice O'Connor, writing for …
Rico And The Forfeiture Of Attorneys' Fees: Removing The Adversary From The Adversarial System?, Tim Tracy
Rico And The Forfeiture Of Attorneys' Fees: Removing The Adversary From The Adversarial System?, Tim Tracy
Washington Law Review
Analysis of the courts' application of RICO's amended forfeiture provisions to attorneys' fees entails consideration of the language of the statute, congressional intent, and the requirements of the fifth and sixth amendments. That analysis leads to a conclusion that neither legislative history nor statutory language requires the inclusion or exclusion of attorneys' fees from RICO forfeiture. Likewise, the right to counsel provided by the sixth amendment, upon which some courts have relied, does not adequately resolve the issue. Instead, fifth amendment due process analysis provides the requisite constitutional framework to resolve the fee forfeiture issue. Fifth amendment considerations compel recognition …
Washington Lawyers Under The Purview Of The State Consumer Protection Act—The "Entrepreneurial Aspects" Solution—Short V. Demopolis, 103 Wn. 2d 52, 691 P.2d 163 (1984), Jeffrey M. Koontz
Washington Lawyers Under The Purview Of The State Consumer Protection Act—The "Entrepreneurial Aspects" Solution—Short V. Demopolis, 103 Wn. 2d 52, 691 P.2d 163 (1984), Jeffrey M. Koontz
Washington Law Review
In Short v. Demopolis the Washington Supreme Court held that certain "entrepreneurial aspects" of the practice of law constitute "trade or commerce" for purposes of RCW 19.86, Washington's consumer protection and antitrust law. This holding brings members of the legal community under antitrust and consumer protection scrutiny as embodied in the Consumer Protection Act (CPA). The Demopolis decision, however, only applies to the "entrepreneurial aspects" of the practice of law. Although many courts and commentators have struggled with the question of whether professionals should be given preferential treatment, the Washington court is the first to specifically exclude legal malpractice from …
Washington Lawyers Under The Purview Of The State Consumer Protection Act—The "Entrepreneurial Aspects" Solution—Short V. Demopolis, 103 Wn. 2d 52, 691 P.2d 163 (1984), Jeffrey M. Koontz
Washington Lawyers Under The Purview Of The State Consumer Protection Act—The "Entrepreneurial Aspects" Solution—Short V. Demopolis, 103 Wn. 2d 52, 691 P.2d 163 (1984), Jeffrey M. Koontz
Washington Law Review
In Short v. Demopolis the Washington Supreme Court held that certain "entrepreneurial aspects" of the practice of law constitute "trade or commerce" for purposes of RCW 19.86, Washington's consumer protection and antitrust law. This holding brings members of the legal community under antitrust and consumer protection scrutiny as embodied in the Consumer Protection Act (CPA). The Demopolis decision, however, only applies to the "entrepreneurial aspects" of the practice of law. Although many courts and commentators have struggled with the question of whether professionals should be given preferential treatment, the Washington court is the first to specifically exclude legal malpractice from …
Practice Of Law: Real Estate Brokers Authorized To Complete Transaction Forms—Cultum V. Heritage House Realtors, Inc., 103 Wn. 2d 623, 694 P.2d 630 (1985), Mark Reeve
Washington Law Review
In Cultum v. Heritage House Realtors, Inc., the Washington Supreme Court carved out a limited exception to the statutory prohibition against the unauthorized practice of law. This new exception represents a proper balancing of the interests of real estate brokers, lawyers and the public. However, flaws in the majority's reasoning may lead to confusion in the future application of the ruling unless greater attention is paid to the underlying rationale of the decision and the arguments made by the concurrence.
Implementing The Incentive Purpose Of The Private Attorney General Exception—Miotke V. City Of Spokane, 101 Wn. 2d 307, 678 P.2d 803 (1984), Jim Oesterle
Washington Law Review
This Note proposes both selective criteria and a procedure designed to implement the unique purpose of the private attorney general exception. The Note first describes the development of the private attorney general exception in both federal and state courts, and then traces the development of equitable exceptions in Washington. The analysis begins by identifying and comparing the purposes of the private attorney general, common fund, and substantial benefit exceptions, and critiques the ability of the Miotke standard to implement the purpose of the private attorney general exception. The analysis then proposes more discriminating criteria and a procedural approach that effectively …
Unauthorized Practice Of Law—Limited Practice Of Law For Real Estate Closing Officers?—Hagan & Van Kamp, P.S. V. Kassler Escrow, Inc., 96 Wn. 2d 443, 635 P.2d 730 (1981), Jayanne A. Hino
Washington Law Review
In 1979, the Washington legislature enacted RCW chapter 19.62, which authorized certain laypersons to prepare documents and instruments relating to real estate transactions. The statute was passed in response to the Washington Supreme Court's decision in Washington State Bar Association v. Great Western Union Federal Savings and Loan Association. In Great Western, the court held that laypersons who received compensation for the preparation of legal documents were engaged in the unauthorized practice of law. The legislature's response, authorizing the activities prohibited in Great Western, raised questions regarding the scope of legislative and judicial power to define and regulate the practice …
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 …