Open Access. Powered by Scholars. Published by Universities.®

Legal Ethics and Professional Responsibility Commons™

Open Access. Powered by Scholars. Published by Universities.®

7,988 Full-Text Articles 6,368 Authors 7,356,353 Downloads 212 Institutions

All Articles in Legal Ethics and Professional Responsibility

Faceted Search

7,988 full-text articles. Page 176 of 191.

My Brother's Keeper: An Empirical Study Of Attorney Facilitation Of Money-Laundering Through Commercial Transactions, Lawton P. Cummings, Paul T. Stepnowsky 2011 University of Maryland School of Law

My Brother's Keeper: An Empirical Study Of Attorney Facilitation Of Money-Laundering Through Commercial Transactions, Lawton P. Cummings, Paul T. Stepnowsky

Faculty Scholarship

In recent years, various “gatekeeping initiatives” have been introduced through inter-governmental standard-setting organizations, such as the Financial Action Task Force, as well as through federal legislation in the United States, which seek to apply the mandatory customer due diligence, record keeping, and suspicious activity reporting obligations contained in the existing anti-money laundering regime to lawyers when they conduct certain commercial transactions on behalf of their clients. The organized bar has argued against such attempts to regulate it, in part, due to the lack of empirical data showing that, as a threshold matter, lawyers unwittingly aid money laundering in a significant …


How And Why Do Lawyers Misbehave? Lawyers, Discipline, And Collegial Control, Lynn M. Mather 2011 University at Buffalo School of Law

How And Why Do Lawyers Misbehave? Lawyers, Discipline, And Collegial Control, Lynn M. Mather

Contributions to Books

Published as Chapter 6 in The Paradox of Professionalism: Lawyers and the Possibility of Justice, Scott L. Cummings, ed.

A fundamental principle of professional labor is that the members of a specialized occupation, as professionals, enjoy autonomy. In sociologist Elliot Freidson's words, professionals “control their own work.” The practitioners themselves decide what constitutes acceptable or appropriate behavior. Professions establish rules and systems of self-regulation to teach and enforce the expected standards of conduct on their members. One way, then, to assess legal professionalism is to ask how well lawyers regulate themselves. The extensive literature on lawyer regulation paints a negative …


Fred C. Zacharias - Reminiscences, Larry Zacharias 2011 University of San Diego

Fred C. Zacharias - Reminiscences, Larry Zacharias

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.


Old School Loses A Teacher: A Recollection Of Fred Zacharias, Kevin Cole 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 Zacharias, Neil Coughlan, John Gulliver, Dick Keenan 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.


A Tribute To Professor Fred C. Zacharias, Michael R. Devitt 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.


A Letter To Professor Fred Zacharias's Sons In Memory Of Their Father, Anne Lukingbeal 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, Russell K. Osgood 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, Frank Partnoy 2011 University of San Diego

A List, Frank Partnoy

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.


Tribute To Professor Fred Zacharias, Michael J. Perry 2011 University of San Diego

Tribute To Professor Fred Zacharias, Michael J. Perry

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.


Tribute To Professor Fred Zacharias, Faust F. Rossi 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, Gary J. Simson 2011 University of San Diego

Remembering Fred Z, Gary J. Simson

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.


In Memoriam, Steven D. Smith 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, Bruce A. Green 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 …


Some Reflections On Ethics And Plea Bargaining: An Essay In Honor Of Fred Zacharias, R. Michael Cassidy 2011 University of San Diego

Some Reflections On Ethics And Plea Bargaining: An Essay In Honor Of Fred Zacharias, R. Michael Cassidy

San Diego Law Review

Dedication to the Ethics and Plea Bargaining works of Prof. Fred Zacharias.


Our Federalism: The United States And The Regulation Of Lawyers, Michael J. Churgin 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, Daniel R. Coquillette, Judith A. McMorrow 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.


Confidentiality Explained: The Dialogue Approach To Discussing Confidentiality With Clients, Elisia M. Klinka, Russell G. Pearce 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 …


Images And Aspirations: A Call For A Return To Ethics For Lawyers, Robert P. Lawry 2011 University of San Diego

Images And Aspirations: A Call For A Return To Ethics For Lawyers, Robert P. Lawry

San Diego Law Review

Dedication to the works of Prof. Fred Zacharias.


Conflicts Of Interest: Slicing The Hot Potato Doctrine, John Leubsdorf 2011 University of San Diego

Conflicts Of Interest: Slicing The Hot Potato Doctrine, John Leubsdorf

San Diego Law Review

This essay, which boasts of being the first law review article devoted to what professional responsibility insiders call the “hot potato doctrine,” will discuss some of the unanswered questions about the doctrine’s core principle: a firm may not turn a present client into a former client by “firing” the client in order to get the benefit of the more lenient conflict of interest rules that apply to former clients. Exactly how does this modify the rules laid down by the Model Rules of Professional Conduct governing conflicts of interest and withdrawal from representations? What is the justification for refusing to …


Digital Commons powered by bepress