Confidentiality Explained: The Dialogue Approach To Discussing Confidentiality With Clients,
2011
University of San Diego
Confidentiality Explained: The Dialogue Approach To Discussing Confidentiality With Clients, Elisia M. Klinka, Russell G. Pearce
San Diego Law Review
This Article offers an alternative dialogue approach. Rather than view the issue of explaining confidentiality either as a strategy for gaining client trust or an obligation necessary to comply with certain legal obligations, we propose understanding it as a key element in creating a relationship of dialogue grounded in honesty and mutual respect.
In doing so, we build on the work of the late Fred Zacharias, whose scholarship in this area provides both pathbreaking empirical insights and unwavering commitment to respecting client dignity. Among Zacharias’s contributions are his oft-cited empirical study suggesting that lawyers wrongly assume that clients would not …
Fred Zacharias And A Lawyer's Attempt To Be Guided By Justice: Flying With Harry Potter And Understanding How Lawyers Can Prosecute The People They Represent,
2011
University of San Diego
Fred Zacharias And A Lawyer's Attempt To Be Guided By Justice: Flying With Harry Potter And Understanding How Lawyers Can Prosecute The People They Represent, Randy Lee
San Diego Law Review
This Article seeks to embrace Professor Zacharias’s call for lawyers to consider more deeply what it means for a lawyer—and here particularly a government lawyer—to do justice. In so doing, it recognizes two parameters that Professor Zacharias wisely established for this task: first, that lawyers need direction that is concrete in how to behave as lawyers; and second, that lawyers can understand “justice,” “fairness,” and “truth” to be amorphous concepts and that lawyers may even attempt to define those terms with equally amorphous words. This Article also recognizes, however, that although justice, fairness, and truth can be reduced to abstraction, …
Our Federalism: The United States And The Regulation Of Lawyers,
2011
University of San Diego
Our Federalism: The United States And The Regulation Of Lawyers, Michael J. Churgin
San Diego Law Review
Dedication to the works of Prof. Fred Zacharias.
Zacharias's Prophecy: The Federalization Of Legal Ethics Through Legislative, Court, And Agency Regulation,
2011
University of San Diego
Zacharias's Prophecy: The Federalization Of Legal Ethics Through Legislative, Court, And Agency Regulation, Daniel R. Coquillette, Judith A. Mcmorrow
San Diego Law Review
This Article will carry on Professor Zacharias’s profound insights and prophecies by examining the trends in direct regulation of attorneys through federal law, with a particular focus on expanding agency regulation. We will also touch on international trends that draw on federal treaty obligations to implement international norms of attorney conduct.
Fred Z.,
2011
University of San Diego
Fred Z., David Mcgowan
San Diego Law Review
Dedication to the works of Prof. Fred Zacharias.
Taking The Ethical Duty To Self Seriously: An Essay In Memory Of Fred Zacharias,
2011
University of San Diego
Taking The Ethical Duty To Self Seriously: An Essay In Memory Of Fred Zacharias, Samuel J. Levine
San Diego Law Review
This essay delineates a three-tiered approach that incorporates not only the lawyer’s duty to the client and to society, but also the lawyer’s obligation to take into consideration the duty to self, which includes fidelity to the lawyer’s personal ethical values and commitments. In addition, rather than placing the various interests in hierarchical opposition, requiring that one duty invariably prevail over the others, the three-tiered approach looks to consider ways in which competing interests might balance or, at times, be reconciled with one another. To illustrate the three-tiered approach to the lawyer’s ethical obligations, this essay focuses on the lawyer’s …
A Tribute To Professor Fred Zacharias,
2011
University of San Diego
A Tribute To Professor Fred Zacharias, Neil Coughlan, John Gulliver, Dick Keenan
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Fred C. Zacharias - Reminiscences,
2011
University of San Diego
Fred C. Zacharias - Reminiscences, Larry Zacharias
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Fred Zacharias: Scholar, Colleague, Friend,
2011
University of San Diego
Fred Zacharias: Scholar, Colleague, Friend, Larry Alexander
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Remembering Fred,
2011
University of San Diego
Remembering Fred, Guido Calabresi
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Old School Loses A Teacher: A Recollection Of Fred Zacharias,
2011
University of San Diego
Old School Loses A Teacher: A Recollection Of Fred Zacharias, Kevin Cole
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
A Tribute To Professor Fred C. Zacharias,
2011
University of San Diego
A Tribute To Professor Fred C. Zacharias, Michael R. Devitt
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
In Memoriam To Professor Fred C. Zacharias,
2011
University of San Diego School of Law
In Memoriam To Professor Fred C. Zacharias, Orly Lobel
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
A Letter To Professor Fred Zacharias's Sons In Memory Of Their Father,
2011
University of San Diego
A Letter To Professor Fred Zacharias's Sons In Memory Of Their Father, Anne Lukingbeal
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
In Memoriam: Fred C. Zacharias,
2011
University of San Diego
In Memoriam: Fred C. Zacharias, Russell K. Osgood
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
A List,
2011
University of San Diego
A List, Frank Partnoy
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Tribute To Professor Fred Zacharias,
2011
University of San Diego
Tribute To Professor Fred Zacharias, Faust F. Rossi
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Remembering Fred Z,
2011
University of San Diego
Remembering Fred Z, Gary J. Simson
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
In Memoriam,
2011
University of San Diego
In Memoriam, Steven D. Smith
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Prosecutors' Ethical Duty Of Disclosure In Memory Of Fred Zacharias,
2011
University of San Diego
Prosecutors' Ethical Duty Of Disclosure In Memory Of Fred Zacharias, Bruce A. Green
San Diego Law Review
This Article might lead one to ask which body better apprehended the nature of the prosecutorial disclosure rule. Two parts of this Article will explore that question and reach an unexpected conclusion: although the ABA ethics committee and the Ohio Supreme Court had opposite visions of equivalent rules, they may both be right. Even so, there is something obviously jarring about the divide, which reveals deficiencies in the rule adoption process. The ABA has an interest in persuading courts to adopt not only its Model Rules but also its interpretations of those rules, so the result seems to reflect a …
