Legal Ethics and Professional Responsibility Commons^™

Attorneys' Ethical Responsibility To Provide Pro Bono Legal Services To Those In Need, Tricia Defilipps

Buffalo Public Interest Law Journal

No abstract provided.

Blurred Lines: Analyzing An Attorney’S Duties To A Fiduciary-Client’S Beneficiaries, Daniel R. Nappier

Washington and Lee Law Review

No abstract provided.

Summary Of Greenberg Traurig, Llp V. Frias Holding Company, 130 Nev. Adv. Op. 67, Tom Stewart

Nevada Supreme Court Summaries

The Court adopted an exception to the common law litigation privilege for legal malpractice and professional negligence actions. A client can pursue malpractice and professional negligence actions against an attorney, and support those actions with communications made in the course of litigation.

Email, Metadata, And Clouds, Oh My! Recent Changes To The Model Rules Of Professional Conduct, Joyce Manna Janto

Law Faculty Publications

A discussion of how the 2012 revisions to the Model Rules of Professional Conduct affect the attorney's duties in handling email: encryption, storage, metadata, and confidentiality.

Shame, Angry Judges, And The Social Media Effect, Maxine D. Goodman

Catholic University Law Review

No abstract provided.

An Efficient Standardized Method Of Maintaining Quality Assurance In Therapeutic Treatment Record Keeping, Kelsey Michael Bradshaw

UNLV Theses, Dissertations, Professional Papers, and Capstones

Quality assurance (QA) within the field of mental health is the practice of monitoring and reviewing services to ensure adherence to specified standards of care. Agents within State governments and various organizations influence record keeping procedures through ethical guidelines and law. For instance, client records must be maintained for all clients receiving mental health services, including informed consent, releases of information, treatment plans, and progress notes. Accurate and timely record keeping procedures assure quality mental health services. However, professionals sometimes err in the maintenance of client records, which can have a negative impact on services, clients, and practitioners. To assist …

Systemic Barriers To Effective Assistance Of Counsel In Plea Bargaining, Rodney J. Uphoff, Peter A. Joy

Faculty Publications

In a trio of recent cases, Padilla v. Kentucky, Missouri v. Frye, and Lafler v. Cooper, the U.S. Supreme Court has focused its attention on defense counsel's pivotal role during the plea bargaining process . At the same time that the Court has signaled its willingness to consider ineffective assistance of counsel claims at the plea stage, prosecutors are increasingly requiring defendants to sign waivers that include waiving all constitutional and procedural errors, even unknown ineffective assistance of counsel claims such as those that proved successful in Padilla and Frye. Had Jose Padilla and Galin Frye been forced to sign …

Defending The Guilty: Lawyer Ethics In The Movies, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.

Ethics, Advocacy, And The Child Client, Suparna Malempati

Cardozo Public Law, Policy & Ethics Journal

The article argues that lawyers representing children in abuse and neglect proceedings should act as traditional advocates, respecting the child's autonomy and adhering to ethical standards, rather than adopting a paternalistic role akin to a guardian ad litem. This approach ensures that children's voices are heard and their legal rights are protected.

Systematic Ict Surveillance By Employers: Are Your Personal Activities Private?, Arlene J. Nicholas

Faculty and Staff - Articles & Papers

This paper reviews the various methods of information and communications technology (ICT) that is used by employers to peer into the work lives and, in some cases, private lives of employees. Some of the most common methods – such as computer and Internet monitoring, video surveillance, and global positioning systems (GPS) – have resulted in employee disciplines that have been challenged in courts. This paper provides background information on United States (U.S.) laws and court cases which, in this age of easily accessible information, mostly support the employer. Assessments regarding regulations and policies, which will need to be continually updated …

The Importance Of Community Resilience: Developing The American Red Cross International Services Department In The New Hampshire Region, Sarah Romac

Capstone Collection

Disaster management and humanitarian aid organizations have had to reevaluate how communities and individuals can better adapt and prepare for future disaster events. One concept organizations are incorporating into their overall framework is strengthening community resilience. Increasing a community’s resilience level increases its ability to cope with the changes that affect it. Creating awareness of the vulnerabilities in an area, addressing these vulnerabilities with preparedness training, disaster risk reduction (DRR), and sustainable changes made over the long-term can develop a community’s adaptive capacity to be more resilient.

For my practicum, I was given the opportunity to be the International Services …

Crowdsourcing Public Health Experiments: A Response To Jonathan Darrow's Crowdsourcing Clinical Trials, Ameet Sarpatwari, Christopher Robertson, David Yokum, Keith Joiner

Faculty Scholarship

We are pleased to have this opportunity to respond to Jonathan Darrow's article, Crowdsourcing Clinical Trials (CCT).' We seek to highlight its important contributions and to commence debate over some of its arguments. In particular, we qualify the ethical arguments that characterize early clinical use of drugs as if they were research, and suggest instead that, in either domain, the ethical (and legal) analysis should remain focused on whether all material information is provided so patients may make informed decisions. We also highlight the limits of what can be gleaned from the observational data collection efforts envisioned by CCT.

Ultimately, …

Akedah, The Holocaust, And The Limits Of The Law In Roth's "Eli, The Fanatic", Aimee L. Pozorski

CLCWeb: Comparative Literature and Culture

In her article "Akedah, the Holocaust, and the Limits of the Law in Roth's 'Eli, the Fanatic'" Aimee L. Pozorski argues that Philip Roth's 1957 short story dramatizes the tension between the law on the one hand and the philosophy of ethics, on the other hand with the story's protagonist ultimately choosing ethics as evidenced by his identification with a displaced Hasidic Jew near the story's end. In reading the story through the inter-textual references to the Genesis story of the Akedah, Pozorski discusses the limits of the law in the face of vulnerable children and within the context of …

Incarceration And Reintegration: How It Impacts Mental Health, April M. Marier, Alex Alfredo Reyes

Electronic Theses, Projects, and Dissertations

ABSTRACT

Background: Previous criminal justice policies have been non-effective leading to overpopulated prisons and unsuccessful reintegration. There is a lack of effective supportive and/or rehabilitative services resulting in high rates of recidivism and mental health implications. Objective: This study investigated the perceived impact that incarceration and reintegration with little to no supportive and/or rehabilitative services has on the mental health status of an individual. The emphasis was on participant perception and not on professional reports because of underreporting and lack of attention to mental health in the criminal justice system. Methods: Focus groups in the Inland Empire and Coachella Valley …

Fraud And Abuse In Mesothelioma Litigation, Lester Brickman

Articles

No abstract provided.

Appellate Division, First Department, People V. Dillard, Edward Puerta

Touro Law Review

No abstract provided.

An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term, Richard Klein

Touro Law Review

No abstract provided.

Technology And Client Communications: Preparing Law Students And New Lawyers To Make Choices That Comply With The Ethical Duties Of Confidentiality, Competence, And Communication, Kristin J. Hazelwood

Law Faculty Scholarly Articles

That the use of technology has radically changed the legal profession is beyond dispute. Through technology, lawyers can now represent clients in faraway states and countries, and they can represent even local clients through a “virtual law office.” Gone are the times in which the lawyer’s choices for communicating with clients primarily involve preparing formal business letters to convey advice, holding in-person client meetings in the office, or conducting telephone calls with clients on landlines from the confines of the lawyer’s office. Not only do lawyers have choices about how to communicate with their clients, but they also frequently choose …

What Do We Talk About When We Talk About Control, Anthony J. Sebok

Articles

Despite the recent rejection by the ABA of attempts to weaken the limitations on the sharing of fees with non-lawyers, pressure to allow laypersons to invest in lawsuits remains. This article looks at one argument against lay investment in litigation, which is that laypersons should not be able to control how litigation is conducted.

Lawyer Assistance Programs: Bridging The Gap, Dr. Sarah Cearley

University of Arkansas at Little Rock Law Review

No abstract provided.