Legal Profession Commons^™

Creating Political Leaders: Lawyer Stories About Transitioning Into Political Office In Canada, Ralph A. Chatoor

Dissertations

Problem. Sustaining healthy democracies requires citizens to successfully transition from civilian life into political leadership positions. Despite the need for this transition to take place, little is known about the transition. Globally, lawyers are the most represented professional group inpolitics, therefore, a study of their transition acts as a good starting point in understanding the process. This study used the Nicholson Transition Cycle (NTC) to explore the transition of 65 lawyers into Canadian politics.

Method. An exploratory multiple case study approach was used to gather data from face-to-face interviews, phone interviews, public archives, email, and websites. Interviews were transcribed, coded, …

Teaching Social Justice, Expanding Access To Justice: An Introduction, Ngai Pindell, Jackie Gardina

Scholarly Works

No abstract provided.

Blacks In The Nevada Legal Profession, Rachel J. Anderson

Scholarly Works

This article discusses the history of African-Americans in the Nevada legal profession. It is part of "A Special Series on African Americans in Nevada Politics - Past and Present" on pages 16-21 of the issue. Sources are on page 21 of the issue.

Behavioral Legal Ethics, Jean R. Sternlight, Jennifer K. Robbennolt

Scholarly Works

Complaints about lawyers’ ethics are commonplace. While it is surely the case that some attorneys deliberately choose to engage in misconduct, psychological research suggests a more complex story. It is not only “bad apples” who are unethical. Instead, ethical lapses can occur more easily and less intentionally than we might imagine. In this paper, we examine the ethical “blind spots,” slippery slopes, and “ethical fading” that may lead good people to behave badly. We then explore specific aspects of legal practice that can present particularly difficult challenges for lawyers given the nature of behavioral ethics - complex and ambiguous ethical …

Roger Williams University School Of Law 20th Anniversary Celebration Announcements, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Perspectives: From The Chair Of The Aba Law Practice Management Section, March/April 2013, Joan R. Bullock

Journal Publications

Technology--friend or foe? Legal practice is continually evolving, with an increasing integration of technology in firm operations and in the daily activity of lawyers and staff. How do you use technology so that it enhances firm operations and is an integral component of an efficient and effective legal practice?

Foreword: Public Constitutional Literacy; A Conversation, Melissa Hart

Publications

No abstract provided.

Professionalism And The New Normal, Philip J. Weiser

Publications

No abstract provided.

Tribute To Professor Calvin William Sharpe, Robert N. Strassfeld

Faculty Publications

The editors of the Case Western Reserve Law Review respectfully dedicate this issue to Professor Calvin William Sharpe.

One can only stand in awe when reflecting on the extraordinary professional accomplishments of Professor Calvin William Sharpe. It is rare in the legal academy to find a professor whose academic range is so broad and whose level of quality is so consistently high. That range and quality are evident regardless of whether one looks at Professor Sharpe's teaching, scholarship, or professional service.

Perspectives: From The Chair Of The Aba Law Practice Management Section, January/February 2013, Joan R. Bullock

Journal Publications

In this era of the "new normal," lawyers and law firms are seeking ways to create efficiencies and realize new capabilities.

Next Phase Pedagogy Reform For The Twenty-First Century Legal Education: Delivering Competent Lawyers For A Consumer-Driven Market, Ann Marie Cavazos

Journal Publications

The underpinnings for law school training has or, I submit, soon will be, outstripped by real world requirements dictated by the demands of the legal profession marketplace. This Article is designed to add to the discourse relating to the question of what law schools supply and what law practice requires-a paradigm shift in the methodology of implementing legal education. The Article begins by reporting on the state of the law school process and how it has evolved from an apprenticeship, replete with on-the-job training, to an intellectual exercise that is somewhat removed from the requirements for becoming competent legal professionals. …

Images In/Of Law, Jessica Silbey

NYLS Law Review

No abstract provided.

Who's Eating Law Firms' Lunch? The Legal Service Providers, Law Schools And New Grads At The Table, William D. Henderson, Rachel M. Zahorsky

Articles by Maurer Faculty

No abstract provided.

Reassessing The Citizens Protection Act: A Good Thing It Passed, And A Good Thing It Failed, Rima Sirota

Georgetown Law Faculty Publications and Other Works

The Citizens Protection Act (CPA) of 1998 has always been a lightening rod for criticism, and it remains so today. This article reassesses the CPA’s perceived inadequacies in light of how it has actually affected (or, not affected) federal prosecutors’ involvement in criminal investigations. The article takes issue with the critics and demonstrates that the CPA succeeded where it should have, failed where it should have, and left us—however inadvertently—with a remarkably coherent and consistent approach to regulating federal prosecutors’ involvement in criminal investigations regardless of whether a suspect retains counsel early in the proceedings.

The CPA requires federal prosecutors …

Measuring Justice, Jane H. Aiken, Stephen Wizner

Georgetown Law Faculty Publications and Other Works

The research imperative of refining ways to measure justice is important and necessary. Our work as lawyers improves the more we know about our effectiveness and the more our choices are evidence based. Nevertheless, quantifying the work of a lawyer is not easy. How do we ensure that any measure of justice captures outcomes for both trial-based advocacy and non-trial-based advocacy on behalf of clients, including negotiated outcomes? How do we quantify the role lawyers play in listening to our clients, explaining the systems in which they operate, and supporting them through often very difficult times in their lives? How …

The Developmental Path Of The Lawyer, Michael J. Cedrone

Georgetown Law Faculty Publications and Other Works

My mother does not drive, and I own a towel that I cannot use-these are my reasons for studying law.

I am an integrated tapestry of elation and disappointment, risk and reward, ambiguity and conviction .. .. I discovered [through adversity] that transitional challenges were not permanent impediments to my progress, but were instead emboldening catalysts to my personal evolution and professional development.

These two stories come from admissions essays submitted by members of Georgetown University Law Center's class of 2014, recently published in the Law Center's alumni magazine. The published essays provide fascinating views into the personal experiences and …

Gone Too Far: Federal Regulation Of Health Care Attorneys, Stacey A. Tovino

Faculty Articles

Outside health care counsel frequently obtain medical records, billing records, health insurance claims records, and other records containing individually identifiable health information in the course of representing health industry clients in medical malpractice, licensure, certification, accreditation, fraud and abuse, peer review, and other civil, criminal, and administrative health law matters. This Article is the first to argue that state rules of professional conduct, not federal health information confidentiality regulations, should govern outside health care counsel’s use and disclosure of confidential client information, and that outside counsel should be excepted from direct federal regulation under the HIPAA Privacy Rule.

Judges! Stop Deferring To Class-Action Lawyers, Brian Wolfman

Georgetown Law Faculty Publications and Other Works

The idea for this article came from the author's representation of a national non-profit consumer rights organization in a federal appeal challenging a district court’s approval of a class-action settlement. The organization's appellate briefs argued that the district court committed a reversible legal error when it deferred to the class-action lawyers’ recommendation to approve the settlement because, in those lawyers’ views, the settlement was "fair, reasonable, and adequate" (which is the standard for class-action settlement approval under Federal Rule of Civil Procedure 23(e)). The district court also deferred to the lawyers' reputations as talented and honest lawyers.

In this article, …

Nested Ethics: A Tale Of Two Cultures, Milton C. Regan

Georgetown Law Faculty Publications and Other Works

This article suggests that a law firm that desiring to promote ethical behavior by its lawyers needs to complement efforts to establish an “ethical infrastructure” and an “ethical culture” with attention to its broader organizational culture. Specifically, research indicates that the perception that an organization treats its members fairly–their sense of organizational justice--is an important factor in prompting members’ ethical behavior.

Many law firms in the last two or three decades have devoted attention to establishing what has been called an “ethical infrastructure” that reflects appreciation of the importance of organizational policies and procedures in encouraging ethical behavior. Such measures …

National Security Pedagogy: The Role Of Simulations, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

This article challenges the dominant pedagogical assumptions in the legal academy. It begins by briefly considering the state of the field of national security, noting the rapid expansion in employment and the breadth of related positions that have been created post-9/11. It considers, in the process, how the legal academy has, as an institutional matter, responded to the demand.

Part III examines traditional legal pedagogy, grounding the discussion in studies initiated by the American Bar Association, the Carnegie Foundation, and others. It suggests that using the law-writ-large as a starting point for those interested in national security law is a …

The Transformative Potential Of Attorney Bilingualism, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

In contemporary U.S. law practice, attorney bilingualism is increasingly valued, primarily because it allows lawyers to work more efficiently and to pursue a broader range of professional opportunities. This purely functionalist conceptualization of attorney bilingualism, however, ignores the surprising ways in which multilingualism can enhance a lawyer’s professional work and can strengthen and reshape relationships among actors in the U.S. legal milieu. Drawing upon research from psychology, linguistics, and other disciplines, this Article advances a theory of the transformative potential of attorney bilingualism. Looking first to the development of lawyers themselves, the Article posits that attorneys who operate bilingually may, …

A Blueprint For Change, William D. Henderson

Articles by Maurer Faculty

This Article discusses the financial viability of law schools in the face of massive structural changes now occurring within the legal industry. It then offers a blueprint for change – a realistic way for law schools to retool themselves in an attempt to provide our students with high quality professional employment in a rapidly changing world. Because no institution can instantaneously reinvent itself, a key element of my proposal is the “12% solution.” Approximately 12% of faculty members take the lead on building a competency-based curriculum that is designed to accelerate the development of valuable skills and behaviors prized by …

A Lawyer For John Doe: Alternative Models For Representing Maryland's Middle Class, Lucy B. Bansal

University of Maryland Law Journal of Race, Religion, Gender and Class

"A Lawyer for John Doe," explores the growing disparity between the legal services available to the upper class and the poor in the state of Maryland. The article offers four models or solutions that creatively show different ways in which middle class citizens can obtain adequate and substantive legal representation for issues that specifically concern them.

Estimating The Cost Of Civil Litigation, Paula Hannaford-Agor, Nicole L. Waters

Faculty Publications

To obtain reliable estimates of litigation costs, the National Center for State Courts (NCSC) has developed an alternative method of cost estimation: the Civil Litigation Cost Model (CLCM). The NCSC model relies on the amount of time expended by attorneys in various litigation tasks in a variety of civil cases filed in state courts. This event-based approach to estimating litigation costs is an adaptation of the methods employed by the NCSC for court workload studies. Because these tasks take place sequentially in civil litigation, the use of this approach permits the NCSC to estimate litigation costs for cases that resolve …

Visual Jurisprudence, Richard Sherwin

Articles & Chapters

Lawyers, judges, and jurors face a vast array of visual evidence and visual argument inside the contemporary courtroom. From videos documenting crimes and accidents to computer displays of their digital simulation, increasingly, the search for fact-based justice is becoming an offshoot of visual meaning making. But when law migrates to the screen it lives there as other images do, motivating belief and judgment on the basis of visual delight and unconscious fantasies and desires as well as actualities. Law as image also shares broader cultural anxieties concerning not only the truth of the image, but also the mimetic capacity itself, …

Transactional Drafting: Using Law Firm Marketing Materials As A Research Resource For Teaching Drafting, Edward R. Becker

Articles

Since I started teaching drafting, I would like to think that I have continued to learn some lessons about teaching both the substance and the skills of transactional drafting. One of those lessons that I am going to be talking about today is one that I stumbled across by happy accident rather than one that I consciously sought. Specifically, I want to talk about and highlight the ways that law students can use law firm marketing materials to increase their understanding of both drafting and lawyering skills in law school and, hopefully, in practice.

Rethinking Men And Masculinities In The Contemporary Legal Profession: The Example Of Fatherhood, Transnational Business Masculinities, And Work-Life Balance In Large Law Firms, Richard Collier

Nevada Law Journal

No abstract provided.

Jury Jokes And Legal Culture, Valerie P. Hans

Cornell Law Faculty Publications

No abstract provided.

The Billable Hour Is Dead. Long Live…?, Robert Hirshon

Articles

The legal profession, of course, quickly comprehended that pursuant to the hourly approach to billing, two factors were paramount: the total amount of hours it took to complete a matter and the amount of dollars charged per hour. As both transactions and litigation became more complex, law firms found it necessary and easy to justify adding bodies (read: hours) to their clients' legal projects. With the number of legal projects increasing as a result of explosive economic growth in both developed and developing nations, the demand for top legal talent during most of the 1980s, 1990s, and early 2000s was …

Mocking Equality: Reproduction Of Gender Hierarchy In Collegiate Mock Trial, Lily M. Foss

Scripps Senior Theses

During the information sessions that the Scripps Mock Trial Team hosts at the beginning of the school year for those interested in mock trial, it's customary for all the returning team members to talk about why we decided to join mock trial in college. We had no team at my high school, but at the end of my senior year, my AP American Government teacher decided that having a mock trial in class would give us valuable insight into the American legal system. I was chosen to give the closing statement for the defense, and I found my calling. My …