My Brother's Keeper: An Empirical Study Of Attorney Facilitation Of Money-Laundering Through Commercial Transactions,
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,
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,
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,
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,
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,
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,
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, Michael J. Perry
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 …
Some Reflections On Ethics And Plea Bargaining: An Essay In Honor Of Fred Zacharias,
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,
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.
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 …
Images And Aspirations: A Call For A Return To Ethics For Lawyers,
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,
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 …
