Legal Profession Commons^™

The Power Of Law Firm Partnership: Why Dominant Rainmakers Will Impede The Immediate, Widespread Implementation Of An Autocratic Management Structure, Matthew Scott Winings

ExpressO

Consultants and commentators have suggested that law firms would benefit from the implementation of effective business management practices. Specifically, a number of observers maintain that the partnership model by which virtually all law firms operate is outdated and inefficient. To alleviate this inefficiency, commentators claim that law firms could experience tremendous gains through the adoption of a corporate management model. Although the proposals advanced by observers differ slightly, the basic premise of the suggested solutions requires law firms to replace (or at least modify) their partnerships with a rational management structure in favor of a centralized leader who can best …

E-Lawyering, The Aba's Current Choice Of Ethics Law Rule & The Dormant Commerce Clause: Why The Dormant Commerce Clause Invalidates Model Rule 8.5(B)(2) When Applied To Internet Representations Of Clients , Michael W. Loudenslager

ExpressO

The Internet is becoming the primary manner in which some attorneys serve clients. States have already taken differing views on whether it is acceptable for an attorney to engage in electronic representations of clients. Thus, determining what jurisdiction’s law applies to such attorney conduct can be very important in deciding whether this activity constitutes the unauthorized practice of law, and, if not, the exact duties of an attorney in such representations.

This article argues that the current version of Model Rule of Professional Responsibility 8.5(b), which governs choice of ethics law, can be interpreted to apply the legal ethics rules …

The Political Economy Of Application Fees For Indigent Criminal Defense, Ronald F. Wright, Wayne A. Logan

William & Mary Law Review

No abstract provided.

From The Dean, Lauren K. Robel

Lauren Robel (2002 Acting; 2003-2011)

This Bill of Particulars provides a window to some of the exciting changes at Indiana Law since the adoption of our Strategic Plan. The plan calls for Indiana Law to be a "highly visible and influential law school whose faculty, students, and graduates advance knowledge, justice, and the public good in the state, in the nation, and around the world." We chose three strategies for achieving that vision: enhancing our community of engaged, influential scholars; communicating our ideas more effectively to influence debate in the academy, the profession, and the wider world; and educating our students for the demands of …

Volume 30, Issue 1 (Spring 2006)

Transcript

No abstract provided.

Spring 2006

Bill of Particulars

No abstract provided.

The Focus Factor, B. Glenn George

Faculty Publications

No abstract provided.

The Ethical Bar And The Lsc: Wrestling With Restrictions On Federally Funded Legal Services, Liza Q. Wirtz

Vanderbilt Law Review

In 1996, Congress passed a budget act containing the most restrictive set of legislative limitations on the Legal Services Corporation ("LSC")-the private, nonprofit organization responsible for administrating federal funding for and facilitating access to legal services for low-income people across the nation-in the tumultuous history of that entity. Designed to forestall advocacy and representation activities viewed as undesirable by those in political power, these restrictions mandated that those organizations to which the LSC awarded funds refrain from engaging in any of a wide variety of previously permissible actions (for example, assisting incarcerated persons in civil proceedings and encouraging other people …

Statement On The Functions And Future Of Appellate Lawyers, The American Academy Of Appellate Lawyers

The Journal of Appellate Practice and Process

No abstract provided.

The Old Order Changes, Shirley S. Abrahamson

The Journal of Appellate Practice and Process

No abstract provided.

Accurate Or Appalling: Representations Of Women Lawyers In Popular Culture, Laura Grosshans

Cardozo Public Law, Policy & Ethics Journal

The note explores the challenges and advancements faced by women in the legal profession through the characters of Amanda Bonner from Adam's Rib and Miranda Hobbes from Sex and the City. These characters, both successful female attorneys, illustrate the societal and professional obstacles women have encountered in the legal field during the latter half of the 20th century. The analysis highlights their struggles with sexism, work-life balance, and romantic relationships, while emphasizing the role of media representation in shaping public perceptions of women lawyers. The note argues that while progress has been made, achieving true equality in the legal …

Counseling Organizational Clients "Within The Bounds Of The Law", Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

What's Wrong With Being Creative And Aggressive?, W. Bradley Wendel

Cornell Law Faculty Publications

When I tell people that I am a law professor specializing in legal ethics, they usually have one of two reactions: “Legal ethics—that’s an oxymoron!” or “I bet you always have a lot to do.” The second reaction is the more interesting of the two, because it rightly implies that legal ethics is a fascinating field, in part because lawyers are always thinking of new ways to get into trouble. Many run-of-the-mill lawyer disciplinary cases involve simple wrongdoing, such as stealing from client funds, which does not present conceptually interesting issues. Contemporary high-profile legal ethics scandals, by contrast, are made …

Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Re-Defining Superwoman: An Essay On Overcoming The "Maternal Wall" In The Legal Workplace, Nicole Buonocore Porter

Faculty Publications

As Professor Joan Williams comments, most women never even approach the glass ceiling; they are "stopped dead, long beforehand, by the maternal wall." The maternal wall affects women with children in many aspects of their jobs, including hiring, promotions, pay, and even terminations. It is difficult for mothers to perform as ideal workers, because pregnancy, maternity leave, and the continual demands of child-rearing inevitably cause them to be absent from work. In addition, because mothers are not similarly situated to men or women without children, courts permit employers to treat them differently, which usually means they are treated more poorly. …

Beyond Absolutism: Legal Institutions In The War On Terror, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver

Cardozo Journal of International and Comparative Law

This Article analyzes the role of U.S. law schools in educating foreign law graduates and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This Article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at thirty five U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the Article considers the responses of U.S. law schools to new competition …

The Advocate Vol. 11 No. 1

The Advocate

No abstract provided.

Paid Family Leave In American Law Schools: Findings And Open Questions, Laura T. Kessler

ExpressO

There exists a substantial literature on the status of women in the legal profession, including studies on women students’ experiences in law schools, gender bias on law school faculties, and family leave policies and practices among legal employers. However, no recent study examines the family leave policies and practices in American law schools. This study seeks to fill that gap. Its findings are threefold. First, almost three quarters of law schools provide wage replacement during a family leave that is more generous than required by federal law. Second, there is a positive relationship between teaching at top-tier and private law …

Empirilegal Analysis: Commencement Of A Dialogue, Or A Battle?, Anne M. Corbin

ExpressO

As disciplines, law and science involve different ways of doing essentially the same thing: render the best possible decision based on existing information. In their efforts to accomplish this shared goal, law and science use different methods and speak different languages. In recent years, however, law and science have been increasingly working in the same arenas. Naturally, this can lead to tension because of the ways in which the two disciplines differ. Sometimes this tension demonstrates itself as outright conflict as it did when Epstein and King came out with their controversial “Rules of Inference” in which they criticized legal …

Dropping The Hot Potato: Rescusitating The Permissive Withdrawal Rules In The Model Rules Of Professional Conduct, Henry M. Kelln

ExpressO

Critical analysis of the Hot Potato Rule in attorney ethics through pragmatic, textual, and philosophical approaches.

Book Review, Robert W. Gordon

Journal of Legal Education

No abstract provided.

The Professional Ethics Of Professors, Deborah L. Rhode

Journal of Legal Education

No abstract provided.

First Do No Harm: Law Professor Misconduct Toward Law Students, Lisa G. Lerman

Journal of Legal Education

No abstract provided.

The Professional Responsibilities Of Law Professors: The Scope Of The Duty Of Confidentiality, Character And Fitness Questionnaires, And Engagement In Governance, Carol A. Needham

Journal of Legal Education

No abstract provided.

When The Inquisitorial And Adversary Systems Collide: Teaching Trial Advocacy To Latin American Lawyers, Leonard L. Cavise

ExpressO

The first part of the article reviews the principal differences in the two systems as it affects trial procedure. The article then reviews those aspects of accusatorial trial proceedings that caused the greatest degree of discomfort to the foreign lawyers. Finally, the article attempts to posit a few recommendations that should help not only to ease the transition process but also to anticipate the next level of procedural and substantive obstacles.

Legal Doubletalk And The Concern With Positional Conflicts: A "Foolish Consistency?", Helen A. Anderson

ExpressO

This article explores the question whether lawyers should be able to argue both sides of a legal issue is unrelated cases. Today the ABA and many state bar associations caution against so-called “positional conflicts,” analyzing them as potential conflicts of interest under a multi-factor test. This relatively recent concern misses the real potential for harm: it is precisely when a lawyer decides not to make a contradictory argument for one client in order not to offend or harm another client that an ethical problem is likely to be present. A positional conflict is therefore evidence that any pressure to modify …

The Conviction Of Lynne Stewart And The Uncertain Future Of The Right To Defend, Tamar R. Birckhead

ExpressO

At the heart of the attorney-client relationship lies the ability to communicate freely and without fear that someone is listening. Since 9/11, the government has passed regulations, such as the Special Administrative Measures (“SAMs”), that by virtue of their broad scope and lack of procedural safeguards have endangered this privilege, particularly for incarcerated criminal defendants. The recent conviction of attorney Lynne Stewart for providing material support to a foreign terrorist organization has brought this issue to the forefront, as the prosecution relied upon government-monitored conversations between Stewart and her client, convicted terrorist Sheik Abdel Rahman, to prove its case against …

Even Heroes Need To Talk: Psycho-Legal Soft Spots In The Field Of Asylum Lawyering, Tehila Sagy

ExpressO

This research identifies emotional pressure points pertaining to the asylum seeking client’s narration of her traumatic past persecution in the process of preparing the asylum claim. A typology of psycholegal soft-spots was offered, which includes the potential impact of the work done by the asylum seeking client and her lawyer on both parties. Interviews with Bay Area lawyers who represented asylum seekers were conducted in order to assess the level of asylum lawyer’s awareness to special needs dictated by the psycho-legal soft spots during asylum representation. Lawyers were asked about how they handle those issues and about training and support …

Children's Attorney's Obligation To Turn To Parents To Assess Best Interests, Christine Gottlieb

Nevada Law Journal

No abstract provided.