Legal Profession Commons^™

Contingent Rewards For Prosecutors?, Peter A. Joy, Kevin C. Mcmunigal

Faculty Publications

This column explores whether contingent reward plans for prosecutors are ethical. After weighing arguments in favor and against such plans, the column concludes that rewards for prosecutors contingent on trial convictions are unsound.

Organizational Representation And The Frontiers Of Gatekeeping, William H. Simon

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Uk Law Notes, 2011, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

Responsibility Of Schools In Dispensing Equal Justice: A Singapore Case Study, Rathna Nathan

Research Collection Yong Pung How School Of Law

The gap between the needs of indigents and the state subsidised legal services or pro bono legal services exist in all societies. Traditionally, the state and the legal fraternity have assumed responsibility to bridge this gap. Law schools have traditionally and culturally confined themselves to the academic instruction of the law. This paper considers whether law schools have an equal responsibility to plug this gap. Four main issues are considered. First, law schools have a professional responsibility to instill legal professionalism in law students, which includes educating students in a pro bono culture. Second, these responsibilities can be effectively discharged …

Getting Good Results For Clients By Building Good Working Relationships With 'Opposing Counsel', John M. Lande

Faculty Publications

Lawyers’ relationships with their “opposing counsel” make a big difference in how well they handle their cases. “Opposing counsel” often do oppose each other, sometimes quite vigorously, though they also regularly cooperate with each other. In the normal course of litigation, lawyers need to cooperate on many procedural matters. In some cases, they also cooperate to achieve their respective clients’ substantive interests. If the lawyers have a bad relationship, the case is likely to be miserable for everyone involved. If they have a good relationship, they are more likely to agree on procedural matters, exchange information informally, take reasonable negotiation …

A Discourse On The Aba's Criminal Justice Standards: Prosecution And Defense Functions: The Physical Evidence Dilemma: Does Aba Standard 4-4.6 Offer Appropriate Guidance?, Rodney J. Uphoff

Faculty Publications

Since 1966, when criminal defense lawyer Richard Ryder was disciplined for retaining physical evidence that connected his client to a bank robbery, lawyers and courts have struggled with the ethical dilemma of how defense lawyers should deal with physical evidence that potentially incriminates one of their clients. When a lawyer takes possession of an evidentiary item, must she always turn it over to the authorities, as required by most courts that have addressed this dilemma? Or, can defense counsel return the evidence to the source from whom counsel received it as recommended by Standard 4-4.6 of the ABA Criminal Justice …

Simulations In Clinics, Contract Drafting, And Upper-Level Courses, Carole O. Heyward, David M. Epstein, Helen S. Scott, Daniel B. Bogart

Law Faculty Articles and Essays

I teach in a transactional clinic called the Urban Development Law Clinic. In my Clinic, we represent non-profit tax-exempt organizations that engage in real estate, economic, and community development. Some of our clients include Greater Cleveland Habitat for Humanity and Karamu House, which is a theater and community arts center. We serve as general counsel for some clients and provide legal advice on an as needed basis for others. The Clinic provides legal advice on real estate matters, corporate governance, transactions, and tax issues. The complexity of matters that we handle ranges from drafting a code of regulations to representing …

New Professional Opportunities For Women: Nursing, Teaching, Clerical, Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

Fred Zacharias’S Skeptical Moralism, David Luban

Georgetown Law Faculty Publications and Other Works

Fred Zacharias's articles, Rethinking Confidentiality, published in two parts, were a sensational start to an illustrious career. Fred conducted the first and one of the best empirical studies of confidentiality in years, surveying lawyers and clients in Tompkins County, New York, about what lawyers actually told clients about confidentiality and its exceptions, and what difference the exceptions made in whether clients withheld information from their lawyers.

Making Civility Democratic, Amy R. Mashburn

UF Law Faculty Publications

Historically, the concept of civility has been bound up with undemocratic notions of hierarchy and deference. Using insights from studies of civility by social psychologists, linguists, sociologists, historians, and political theorists, this article advances the theory that the legal profession’s self-consciously isolating professionalism ideology allows judges and disciplinary tribunals to apply deference-based notions of civility in their decisions to sanction lawyers. This theory would predict that the lawyers most likely to be sanctioned for incivility and rudeness are those from whom society expects the most deference. To test this theory, the author conducted an empirical study of every available case …

Redefining Human Rights Lawyering Through The Lens Of Critical Theory: Lessons For Pedagogy And Practice, Caroline Bettinger-López, Davida Finger, Meetali Jain, Jonel Newman, Sarah Paoletti, Deborah M. Weissman

Articles

No abstract provided.

The Variable Value Of U.S. Legal Education In The Global Legal Services Market, Carole Silver

Articles by Maurer Faculty

Many U.S. law firms now claim to be global organizations, and they seek to occupy the same high status everywhere they work. In part, simply supporting overseas offices is an indication of status for U.S.-based firms. But firms want more than this and they strive for recognition as elite advisors around the world. In this pursuit, have firms identified a set of common characteristics and credentials that define a "global lawyer?" That is, is there a uniform and universal profile, or perhaps a set of assets that comprise global professional capital, which are emerging as the indicia of credibility and …

Paradigm Shift, William D. Henderson, Rachel M. Zahorsky

Articles by Maurer Faculty

No abstract provided.

Improving Criminal Justice: How Can We Make The American Criminal Justice System More Just?, Joseph L. Hoffmann, Nancy J. King

Articles by Maurer Faculty

No abstract provided.

Red Skies In The Morning—Professional Ethics At The Dawn Of Cloud Computing, Sarah Jane Hughes, Roland L. Trope

Articles by Maurer Faculty

The article evaluates risks to clients’ confidential and privileged information when lawyers or law firms store such information in any cloud computing “space” against the requirements of the Model Rules of Professional Conduct and the New York Rules of Professional Conduct. It also evaluates pertinent liability provisions of some of the more commonly used cloud computing services (Amazon.com and Google) against the lawyer’s responsibilities. An interesting portion covers the latest thinking from NIST on cloud computing benefits and risks.

Criminal Acts & Ethical Dilemmas: Some Client Nightmares Sneak Up On You, Barbara Glesner Fines

Faculty Works

No abstract provided.

Two Views Of Class Action, Alexandra Lahav

Faculty Articles and Papers

No abstract provided.

Confidentiality And Common Sense: Insights From Philosophy, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.

Teaching Transactional Skills And Law In An International Context, Deborah Burand, Kojo Yelpaala, Peter Linzer

Other Publications

Today, we are going to be discussing how we think about transactional skills in an international context. It doesn't surprise me that this is a smaller group. This is a subspecialty, but let me just do a very quick survey of you. How many of you now in this room are teaching an international course? And what are you doing?

A Survey Of Electronic Research Alternatives To Lexisnexis And Westlaw In Law Firms, Laura K. Justiss

Law Library Staff & Faculty Works

The author conducted a survey of law firm librarians in 2010 that identified electronic research database alternatives to LexisNexis and Westlaw and ranked them by subscription frequency. The survey also generated information regarding suggested or mandated legal research policies in law firms for the use of alternatives to LexisNexis and Westlaw and examined their applicability to billable and nonbillable research.

People V. Guardino: Examined On Appeal In People V. Hecker, Luna Droubi

NYLS Law Review

No abstract provided.

Recent Developments In The Law Of Lawyering: The New Illinois Rules Of Professional Conduct, 42 Loy. U. Chi. L.J. 391 (2011), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

Thinking About Technology – Standard Bar Codes Beware- Smart Phone Users May Prefer Qr Codes, Darla Jackson

Faculty Articles

Quick Response (QR) codes are free to produce, allow access to data, and can be read with most smartphones. QR codes are already popular in some other countries and are gaining popularity in the United States. This article discusses this growing popularity and the reasons for it, how QR codes are being used in law libraries and the legal profession, and how they may be used by librarians in the future to add value through the marketing of professional and library services and by providing easy access to information from library resources.

Enforcement Of Law Schools' Non-Academic Honor Codes: A Necessary Step Towards Professionalism?, Nicola A. Boothe-Perry

Journal Publications

As law schools strive to enforce their codes of student conduct, enforcement has called into question the legal standing of the schools, since enforcement affects the fundamental rights of students. Consequently, this Article will address the following question: to what extent can law schools fulfill their responsibility and opportunity to enforce behavioral codes-specifically codes governing non-academic conduct-with a goal of improving professionalism? Through analysis of law schools' enforcement capabilities, this Article will suggest a practical framework by which law schools can promulgate and enforce codes and rules affecting students' non-academic conduct.

Arthur D. Austin, Erik M. Jensen

Faculty Publications

“Arthur D. Austin,” 62 Case Western Reserve Law Review 3 (211), “Henry King,” 6 Case Western Reserve Law Review 63 (21), “Professor Morris Shanker,” 61 Case Western Reserve Law Review 13 (21). These are tributes to three professors who had an enormous impact on the Case Western Reserve University School of Law and on the larger society: Arthur Austin, distinguished antitrust scholar, observer of the legal-academic scene, and Faulkner fanatic; Henry King, who combined expertise in business law with a passion for international law and human rights (honed during his time as a Nuremberg prosecutor); and Morry Shanker, a preeminent …

Meaningful Legal Representation For Children And Youth In Washington's Child Welfare System: Standards Of Practice, Voluntary Training, And Caseload Limits In Response To Hb 2735, Lisa Kelly

Books

Introduction, pages 1-2

Executive Summary, pages 3-4

Child Recommendation Practice Standards, pages 5-14

Voluntary Training Recommendations, page 15

Supporting Documentation

• Appendix A, HB 2735, Tab A
• Appendix B, Children's Representation Sub-Workgroup Membership List, Tab B
• Appendix C, American Bar Association Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases, Tab C

Lawyers Suing Law Firms: The Limits On Attorney Employment Discrimination Claims And The Prospects For Creating Happy Lawyers, Nancy Levit

Faculty Works

It is more than a mild irony that anti-discrimination law fails lawyers in particular. This article addresses doctrinal and pragmatic limits on employment discrimination lawsuits by lawyers against their law firms. It considers the failures of the Title VII template to remedy the sorts of discrimination and dissatisfactions lawyers face in the practice of law, and concludes that many of the things that make lawyers unhappy are simply not reachable through employment discrimination lawsuits. The latter portion of the article turns to the recently emerging science of happiness literature. It suggests that the interests of lawyers and their firms may …

In Re Healthsouth Corp. Securities Litigation, Adam Paul Gordon

NYLS Law Review

No abstract provided.

In Re Steven J. Lever, Stephanie A. Ackerman

NYLS Law Review

No abstract provided.

From Hero To Villain: The Corresponding Evolutions Of Model Ethical Codes And The Portrayal Of Lawyers In Film, Amy S. Beard

NYLS Law Review

No abstract provided.