Legal Ethics,
2011
Mercer University School of Law
Legal Ethics, Patrick Emery Longan
Mercer Law Review
During the survey period, from June 1, 2010 through May 31, 2011, the appellate courts in Georgia decided cases involving the discipline of lawyers, ineffective assistance of counsel, legal malpractice, judicial ethics, and attorney disqualification. The State Bar of Georgia Formal Advisory Opinion Board took several actions that relate to the professional responsibilities of Georgia lawyers.
Musings On Mediation, Kleenex, And (Smudged) White Hats,
2011
Texas A&M University School of Law
Musings On Mediation, Kleenex, And (Smudged) White Hats, Nancy A. Welsh
Faculty Scholarship
This Essay speculates on the global future of mediation. It anticipates that mediation’s popularity will continue to grow both in the U.S. and abroad particularly as courts continue to encourage and institutionalize the process. Meanwhile, the Essay acknowledges the existence and continuing development of a relatively small cadre of elite lawyers and retired judges who serve as private mediators in large, complex matters.
The Essay also raises concerns, though, regarding the current lack of clarity in the goals and procedural characteristics that define mediation. The Essay asserts that such lack of clarity invites abuse of the mediation privilege and exclusionary …
Ombuds In Cloud Of Exabytes--Understanding The Ombuds' Digital Trail,
2011
DePaul University
Ombuds In Cloud Of Exabytes--Understanding The Ombuds' Digital Trail, Craig Mousin
Mission and Ministry Publications
This article examines Ombuds Standards of Practice as Ombuds increasingly rely upon electronic communication. It first explores the expansion of electronically stored information (ESI) due to the many different electronic devices Ombuds rely upon or interact with including computers, smartphones, and printers. It then reviews how novel legal issues caused by e-discovery--the search for relevant digital documents in litigation--will impact Ombuds. Finally, it offers Ombuds suggestions on managing and controlling ESI while raising the question of whether the International Ombudsman Association must review its Standards of Practice in light of these ESI developments.
Trust And The Commitment To Fairness,
2011
Singapore Management University
Trust And The Commitment To Fairness, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Assistant Professor Eugene Tan writes that tripartism has given us years of industrial peace and prosperity in Singapore, but warns that trust must work both ways. The high principle of tripartism does not necessarily mean that the partners will subscribe to the same policies and outlook on what is needed for workplace harmony.
Summary Of Merits Incentives V. Dist. Ct., 127 Nev. Adv. Op. No. 63,
2011
Nevada Law Journal
Summary Of Merits Incentives V. Dist. Ct., 127 Nev. Adv. Op. No. 63, Patrick C. Mcdonnell
Nevada Supreme Court Summaries
An original petition for writ of mandamus challenging a district court’s denial of a motion to disqualify counsel who had reviewed confidential documents sent to him, unsolicited, from an anonymous source.
Communication And The Pragmatic Condition,
2011
University of Miami
Communication And The Pragmatic Condition, Gregory J. Shepherd
Center for the Study of Ethics in Society Papers
Presented March 9, 2011
Hiring Teams, Firms, And Lawyers: Evidence Of The Evolving Relationship In The Corporate Legal Market,
2011
University of Miami School of Law
Hiring Teams, Firms, And Lawyers: Evidence Of The Evolving Relationship In The Corporate Legal Market, Michele M. Destefano, John C. Coates, Ashish Nanda, David B. Wilkins
Articles
How are relationships between corporate clients and law firms evolving? Drawing on interview and survey data from 166 chief legal officers of S&P 500 companies from 2006-2007, we find that-contrary to standard depictions of corporate client-provider relationships-(1) large companies have relationships with ten to twenty preferred providers; (2) these relationships continue to be enduring, and (3) clients focus not only on law firm platforms and lead partners, but also on teams and departments within preferred providers, allocating work to these subunits at rival firms over time and following "star" lawyers, especially if they move as part of a team. The …
No Paradise To Regain: Comments On Russell G. Pearce And Eli Wald, The Obligation Of Lawyers To Heal Civic Culture: Confronting The Ordeal Of Incivility In The Practice Of Law,
2011
University of Arkansas at Little Rock William H. Bowen School of Law
No Paradise To Regain: Comments On Russell G. Pearce And Eli Wald, The Obligation Of Lawyers To Heal Civic Culture: Confronting The Ordeal Of Incivility In The Practice Of Law, Kenneth S. Gallant
University of Arkansas at Little Rock Law Review
No abstract provided.
Up Against The Wall: A Guide To The Effective Screening Of Former Government Attorneys In New York,
2011
Benjamin N. Cardozo School of Law
Up Against The Wall: A Guide To The Effective Screening Of Former Government Attorneys In New York, Shira Mizrahi
Cardozo Public Law, Policy & Ethics Journal
The note examines New York Rule of Professional Conduct 1.11, which governs conflicts of interest for former government attorneys transitioning to private practice. It highlights the rule's strict requirements for screening to prevent conflicts and the "appearance of impropriety" standard, which allows courts to disqualify firms even without evidence of wrongdoing. The analysis critiques the rule's effectiveness, particularly in small firms, and proposes reforms to balance public trust, client interests, and attorneys' career mobility.
Advising Clients After Critical Legal Studies And The Torture Memos,
2011
Temple University School of Law
Advising Clients After Critical Legal Studies And The Torture Memos, Milan Markovic
West Virginia Law Review
No abstract provided.
Message From The Chair,
2011
Georgia State University College of Law
Message From The Chair, Margaret Butler
Faculty Publications By Year
No abstract provided.
Lawyering In The Christian Colony: Some Hauerwasian Themes, Reflections, And Questions,
2011
Cornell Law School
Lawyering In The Christian Colony: Some Hauerwasian Themes, Reflections, And Questions, W. Bradley Wendel
Cornell Law Faculty Publications
One who shared Hauerwas's theological commitments might find it difficult to serve as a lawyer, given that the principles of legal ethics are grounded in the kind of political liberalism that Hauerwas finds repellent. For example, Stephen Pepper's well known liberal defense of the standard conception of legal ethics pretty much pushes all of the buttons that set off Hauerwas. Pepper argues that while the law necessarily imposes restrictions on what we may do, but no one else is empowered to place restrictions on our autonomy. In a complex, highly legalistic society, however, citizens are necessarily required in some cases …
Tangible "Intangibles" And Other Mysteries: A Critique Of The D.C. Circuit's Expansion Of Work Product Doctrine In United States V. Deloitte Llp,
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
Tangible "Intangibles" And Other Mysteries: A Critique Of The D.C. Circuit's Expansion Of Work Product Doctrine In United States V. Deloitte Llp, Brian L. Blaylock
Nevada Law Journal
No abstract provided.
Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill
Working Paper Series
My focus is on an apparent trend at the intersection of the fields of evidentiary standards for expert admissibility and professional responsibility, namely the eagerness to place more ethical responsibilities on lawyers to vet their proffered expertise to ensure its reliability. My reservations about this trend are not only based on its troubling implications for the lawyer’s duty as a zealous advocate, which already has obvious limitations (because of lawyers’ conflicting duties to the court), but are also based on the problematic aspects of many reliability determinations. To expect attorneys—and this is what the proponents of a duty to vet …
Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?,
2011
Villanova University Charles Widger School of Law
Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill
Faculty Publications
My focus is on an apparent trend at the intersection of the fields of evidentiary standards for expert admissibility and professional responsibility, namely the eagerness to place more ethical responsibilities on lawyers to vet their proffered expertise to ensure its reliability. My reservations about this trend are not only based on its troubling implications for the lawyer’s duty as a zealous advocate, which already has obvious limitations (because of lawyers’ conflicting duties to the court), but are also based on the problematic aspects of many reliability determinations. To expect attorneys—and this is what the proponents of a duty to vet …
Unfounded Allegations That John Yoo Violated His Ethical Obligations As A Lawyer: A Critical Analysis Of The Torture Memo,
2011
Brigham Young University Law School
Unfounded Allegations That John Yoo Violated His Ethical Obligations As A Lawyer: A Critical Analysis Of The Torture Memo, Carrie L. Flores
Brigham Young University Journal of Public Law
No abstract provided.
Playing Well With Others -- But Still Winning: Chief Justice Roberts, Precedent, And The Possibilities Of A Multi Member Court,
2011
Brooklyn Law School
Playing Well With Others -- But Still Winning: Chief Justice Roberts, Precedent, And The Possibilities Of A Multi Member Court, William D. Araiza
Faculty Scholarship
No abstract provided.
Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel,
2011
Brooklyn Law School
Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Stacy Caplow, Lisa Griffin
Faculty Scholarship
No abstract provided.
Evolving Equality: The Development Of The International Defense Bar,
2011
Vanderbilt University Law School
Evolving Equality: The Development Of The International Defense Bar, Michael A. Newton
Vanderbilt Law School Faculty Publications
Defense counsel in international criminal proceedings face difficult challenges that are intrinsic to the modern system of internationalized accountability; yet their professionalism and performance represent perhaps the most determinative dimension for evaluating the overall fairness of what the world terms “justice” for grievous atrocities. Defense teams labor against the tides of public opinion and the deeply felt pain of the victims of mass atrocities. Abandonment of appropriate defense efforts, whether the result of professional fecklessness or personal pressures, would transform international criminal law into an organized sham aimed at achieving a shadow of justice while undermining the rights of the …
The Center For The Study Of Ethics In Society At Twenty-Five,
2011
Western Michigan University
The Center For The Study Of Ethics In Society At Twenty-Five, Michael S. Pritchard
Center for the Study of Ethics in Society Papers
Center for the Study of Ethics in Society: Celebrating 25 Years - Presented November 15, 2010.
