University of Kashmir
Lillard Wise Szygenda pllc
Fordham Law School
University of Arkansas, Fayetteville
University of Nevada, Las Vegas -- William S. Boyd School of Law
San Jose State University
Georgetown University Law Center
Rhode Island College
Elon University
Unauthorized Practice Or Untenable Prohibitions: Refining And Redefining Upl,
2023
St. Mary's University
Unauthorized Practice Or Untenable Prohibitions: Refining And Redefining Upl, Jan L. Jacobowitz, Peter R. Jarvis
St. Mary's Journal on Legal Malpractice & Ethics
An extraordinarily number of Americans either cannot afford or cannot find lawyers to assist them on civil legal matters. And an increasing number of Americans turn either to on-line apps or to nonlawyer professionals whose practices may overlap in whole or in part with what lawyers do. Although individuals receive much needed assistance, these alternative providers often confront allegations of committing the unauthorized practice of law. Unfortunately, the rules regarding the unauthorized practice of law (“UPL”) are both outdated and extraordinarily ambiguous. Moreover, UPL issues regarding alternative providers are distinct from questions concerning whether nonlawyers should be entitled to be …
The Disclosure Of Third-Party Litigation Funding Agreements Is Necessary To Resolve Ethical Dilemmas Created By The Third-Party Lender Industry,
2023
St. Mary's University
The Disclosure Of Third-Party Litigation Funding Agreements Is Necessary To Resolve Ethical Dilemmas Created By The Third-Party Lender Industry, Gareth Purnell
St. Mary's Journal on Legal Malpractice & Ethics
No abstract provided.
Legal Ethics, Code Of Conduct For Barristers And The Overriding Objective In Criminal Trials,
2023
St. Mary's University
Legal Ethics, Code Of Conduct For Barristers And The Overriding Objective In Criminal Trials, Zia Akhtar
St. Mary's Journal on Legal Malpractice & Ethics
The criminal lawyer has a duty to his client, to the court, and to the administration of justice. This must be accomplished within a framework of ethics comprised from codes of conduct regulating the legal profession. There are difficult ethical problems arising from conflicts between a lawyer’s responsibilities to clients, the legal system, and the disciplinary codes of the profession. In England, the barrister’s conduct is governed by the Bar Standard Board, and legal professionals must abide by the regulations that are imposed upon them when acting for their clients. The new Criminal Procedure Rules and …
To Write Or Not To Write: The Ethics Of Judicial Writings And Publishing,
2023
St. Mary's University
To Write Or Not To Write: The Ethics Of Judicial Writings And Publishing, Nick Badgerow, Michael Hoeflich, Sarah Schmitz
St. Mary's Journal on Legal Malpractice & Ethics
Judges are bound by the Model Code of Judicial Conduct promulgated by the American Bar Association and adopted most states, including the federal judiciary. Within these rules governing judicial conduct, Judges owe duties to the public and to their calling, to be (and appear to be) objective, fair, judicious, and independent. When judges venture into the realm of extrajudicial writing—in the form of fiction novels, short stories, legal books, children’s books, and the like—they must consider the ethical bounds of that expression. The Model Code of Judicial Conduct imposes five main constraints upon extrajudicial writings: (a) a judge may not …
Why The Dobbs Draft Release Makes It Tougher To Teach Legal Ethics,
2023
Regent University
Why The Dobbs Draft Release Makes It Tougher To Teach Legal Ethics, Lynne Marie Kohm
St. Mary's Journal on Legal Malpractice & Ethics
No abstract provided.
Conduct Relating To The Practice Of Law: Aba Model Rule 8.4(G) And Its History In Light Of The Constitution,
2023
St. Mary's University
Conduct Relating To The Practice Of Law: Aba Model Rule 8.4(G) And Its History In Light Of The Constitution, Nathan Moelker
St. Mary's Journal on Legal Malpractice & Ethics
The ABA adopted a revision to the Model Rules in 2016, prohibiting harassment and discrimination against a list of protected classes. The Rule, while well-intentioned and targeted at a serious problem, was broadly phrased to include a large category of protected speech and behavior. The Rule has already faced extensive and well-crafted challenges from the perspective of the Free Speech Clause. This article argues that two additional provisions of the First Amendment—the Free Exercise Clause and Freedom of Association—further illustrate the failure of the Rule and the alarmingly wide-ranging effects of such a prohibition on attorney conduct.
Mitigation Reports In Capital Cases: Legal And Ethical Issues,
2023
Cornell University Law School
Mitigation Reports In Capital Cases: Legal And Ethical Issues, Russell Stetler, W. Bradley Wendel
St. Mary's Journal on Legal Malpractice & Ethics
The mitigation investigation that is essential in every capital case requires a multidisciplinary team. The duty to conduct this investigation is clearly established federal law, as well as an ethical obligation of counsel. The mitigation evidence that is uncovered is of vital importance to the rights of the individual accused of a capital offense, but also to reliable outcomes since all decisionmakers—including prosecutors, jurors, and judges—need the most complete and accurate picture of the person facing the punishment of last resort. This Article discusses some of the unique legal and ethical issues affecting the documentation of this investigation. The Authors …
Can They Handle The Truth? Teaching Law Students Ethics During A Time Of A Societal And Generational Divide,
2023
Nova Southeastern University - Shepard Broad Law Center
Can They Handle The Truth? Teaching Law Students Ethics During A Time Of A Societal And Generational Divide, Michele N. Struffolino
St. Mary's Journal on Legal Malpractice & Ethics
Today’s law students and aspiring law students will enter law school having been bombarded with the message that they, as members of the voting public, are victims of “The Big Lie.” They likely also know that “The Big Lie” story consistently sent by politicians, activists, and others through all forms of informational outlets, including traditional and nontraditional media sources, has been found to be unsupported by facts. For legal educators, this is particularly concerning because many of those sending and supporting “The Big Lie” story are lawyers. Aspiring lawyers are left with the impression that zealous representation is relatively boundless …
Ethical Lawyering: The Role Of Honor, Conscience, And Codes,
2023
St. Mary's University School of Law
Ethical Lawyering: The Role Of Honor, Conscience, And Codes, Vincent R. Johnson
St. Mary's Journal on Legal Malpractice & Ethics
No abstract provided.
Mental Health And The Workplace: How The Fmla And The Ada Should Work Harmoniously To Ensure Job Security And A Healthy Workplace For Employees With Mental Illness,
2023
St. Mary's University
Mental Health And The Workplace: How The Fmla And The Ada Should Work Harmoniously To Ensure Job Security And A Healthy Workplace For Employees With Mental Illness, Rafael Guzman
St. Mary's Journal on Legal Malpractice & Ethics
No abstract provided.
Law And Its Limits: Ethical Issues In Mary Shelley’S Frankenstein Or, The Modern Prometheus,
2023
1567
Law And Its Limits: Ethical Issues In Mary Shelley’S Frankenstein Or, The Modern Prometheus, David S. Caudill
St. Mary's Journal on Legal Malpractice & Ethics
The law and literature movement is frequently associated with the use of literary images of law as a point of reflection upon the ethical obligations of lawyers. Mary Shelley’s Frankenstein (1818)—the story of a young scientist whose unorthodox experiments end up creating the famed “monster”—is not, at first glance, a likely candidate for that enterprise. However, Dr. Frankenstein’s ambition and ruthless pursuit of knowledge has become a contemporary image of science out of control and the need for ethical limitations on scientific progress. Consequently, the novel raises currently important issues of regulating science and technology. Given the lawyer’s ethical obligation …
The Lawyer As Dream Enabler,
2023
St. Mary's University School of Law
The Lawyer As Dream Enabler, Gerald Reamey
St. Mary's Journal on Legal Malpractice & Ethics
No abstract provided.
Copyright Fiduciaries: Problems And Solutions,
2023
Boston University School of Law
Copyright Fiduciaries: Problems And Solutions, Jessica Silbey
Faculty Scholarship
Andrew Gilden & Eva E. Subotnik, Copyright’s Capacity Gap, 57 U.C. Davis L. Rev. __ (forthcoming, 2023), available at SSRN (Aug. 9, 2023).
In this forthcoming article, Andrew Gilden and Eva Subotnik begin an important conversation about an underexplored area of copyright law. Their focus is copyright law’s inconsistent treatment of mental capacity. Under copyright law, copyright authors can produce valuable copyrighted work but those same authors may lack the legal capacity to make decisions about if, when, or how to exploit that work. For example, children and people with mental illness or disability can be copyright authors, but …
Heyman Center Presents: Chat Gd Ai In Law Practice,
2023
Yeshiva University, Cardozo School of Law
Heyman Center Presents: Chat Gd Ai In Law Practice, Heyman Center On Corporate Governance
Flyers 2023-2024
Interested in artificial intelligence? Want to know how law firms are leveraging AI? Can AI replace the modern lawyer? Come join us with 2 experts from Gunderson Dettmer: Joe Green, Chief Innovation Officer and Laura Chao, Practice Innovation Attorney.
Table Of Contents,
2023
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
The Lawyer’S Professional Duty To Encourage Respect For—And To Improve—The Administration Of Justice: Lessons From Failures By Attorneys General,
2023
Dalhousie University Schulich School of Law
The Lawyer’S Professional Duty To Encourage Respect For—And To Improve—The Administration Of Justice: Lessons From Failures By Attorneys General, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
The lawyer’s duty to encourage respect for the administration of justice remains largely amorphous and abstract. In this article, I draw lessons about this duty from historical instances in which Attorneys General inappropriately criticized judges. Not only are Attorneys General some of the highest-profile lawyers in the country, but they also face unique tensions and pressures that bring their duties as lawyers into stark relief. I focus on the two instances where law societies sought to discipline Attorneys General for such criticism of judges, as well as a more recent instance in which no discipline proceedings were pursued. I also …
Toward National Regulation Of Legal Technology: A Path Forward For Access To Justice,
2023
Gonzaga University School of Law
Toward National Regulation Of Legal Technology: A Path Forward For Access To Justice, Drew Simshaw
Fordham Law Review
Legal technology can help close the access-to-justice gap by increasing efficiency, democratizing access to information, and helping consumers solve their own legal problems or connecting them with lawyers who can. But, without proper design, technology can also consolidate power, automate bias, and magnify inequality. The state-by-state regulation of legal services has not adapted to this emerging technology-driven landscape that is continually being reshaped by artificial intelligence–driven tools like ChatGPT. Confusion abounds concerning whether use of these technologies amounts to unauthorized practice of law, leads to discrimination, adequately protects client data, violates the duty of technological competence, or requires prohibited cross-industry …
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers,
2023
Schulich School of Law, Dalhousie University
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …
Prosecutorial Mutiny,
2023
Brooklyn Law School
Prosecutorial Mutiny, Cynthia Godsoe, Maybell Romero
Faculty Scholarship
No abstract provided.
Law Library Blog (October 2023): Legal Beagle's Blog Archive,
2023
Roger Williams University
Law Library Blog (October 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
