Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel,
2011
Elisabeth Haub School of Law at Pace University
Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
Following a brief history of prior versions of the relevant Standards in Part I, Part II describes the current draft of the proposed Prosecution and Defense Functions, focusing on new requirements for candor, civility, and cooperation. The article concludes that the proposed revisions represent a healthy step toward a more reliable, trustworthy, and efficient criminal justice system. The revisions explicitly recognize the central, powerful, and multidimensional role of the prosecutor and attempt to respond accurately and realistically to the needs and demands of that role. As the drafting and approval process continues, certain specific areas need greater clarification and thus …
Getting Good Results For Clients By Building Good Working Relationships With 'Opposing Counsel',
2011
University of Missouri School of Law
Getting Good Results For Clients By Building Good Working Relationships With 'Opposing Counsel', John M. Lande
Faculty Publications
Lawyers’ relationships with their “opposing counsel” make a big difference in how well they handle their cases. “Opposing counsel” often do oppose each other, sometimes quite vigorously, though they also regularly cooperate with each other. In the normal course of litigation, lawyers need to cooperate on many procedural matters. In some cases, they also cooperate to achieve their respective clients’ substantive interests. If the lawyers have a bad relationship, the case is likely to be miserable for everyone involved. If they have a good relationship, they are more likely to agree on procedural matters, exchange information informally, take reasonable negotiation …
The Jurisprudential Turn In Legal Ethics,
2011
Mitchell Hamline School of Law
The Jurisprudential Turn In Legal Ethics, Kate Kruse
Faculty Scholarship
When legal ethics developed as an academic discipline in the mid-1970s, its theoretical roots were in moral philosophy. The early theorists in legal ethics were moral philosophers by training, and they explored legal ethics as a branch of moral philosophy. From the vantage point of moral philosophy, lawyers’ professional duties comprised a system of moral duties that governed lawyers in their professional lives, a “role-morality” for lawyers that competed with ordinary moral duties. In defining this “role-morality,” the moral philosophers accepted the premise that “good lawyers” are professionally obligated to pursue the interests of their clients all the way to …
Ensuring Public Trust At The Municipal Level: Inspectors General Enter The Mix,
2011
Touro Law Center
Ensuring Public Trust At The Municipal Level: Inspectors General Enter The Mix, Patricia E. Salkin, Zachary Kansler
Scholarly Works
Although federal, state and local government officials are subject to applicable codes of ethical conduct and are under the jurisdiction of ethics enforcement agencies created pursuant to these laws, ethics oversight agencies are limited in the breadth and scope of covered activities. With an increase in reported allegations of corruption, particularly at the local government level, this article explores the addition of the audit function, through inspectors general, to ensure greater transparency and accountability of public officials.
The article begins with a very brief historical overview of the emergence of the inspector general concept in Europe and its adoption in …
Simulations In Clinics, Contract Drafting, And Upper-Level Courses,
2011
Cleveland-Marshall College of Law, Cleveland State University
Simulations In Clinics, Contract Drafting, And Upper-Level Courses, Carole O. Heyward, David M. Epstein, Helen S. Scott, Daniel B. Bogart
Law Faculty Articles and Essays
I teach in a transactional clinic called the Urban Development Law Clinic. In my Clinic, we represent non-profit tax-exempt organizations that engage in real estate, economic, and community development. Some of our clients include Greater Cleveland Habitat for Humanity and Karamu House, which is a theater and community arts center. We serve as general counsel for some clients and provide legal advice on an as needed basis for others. The Clinic provides legal advice on real estate matters, corporate governance, transactions, and tax issues. The complexity of matters that we handle ranges from drafting a code of regulations to representing …
Raise Your Hand And Swear To Be Civil: Defining Civility As An Obligation Of Professional Responsibility,
2011
Mississippi College School of Law
Raise Your Hand And Swear To Be Civil: Defining Civility As An Obligation Of Professional Responsibility, Donald E. Campbell
Journal Articles
The need to reclaim "civility" in the practice of law has become a rallying cry in the profession. Lack of civility has been blamed on everything from an increase in the cost of litigation to the cause of the public's lost faith in the legal profession. Further, courts are increasingly willing to sanction a lawyer solely for "uncivil" conduct. This article examines the puzzle of civility by addressing two fundamental questions. First, what are the obligations of civility? This question is answered using content analysis to analyze civility codes adopted by thirty-two state bar associations. From this analysis ten core …
A Shift In Power: Why Increased Urban Drilling Necessitates A Change In Regulatory Authority Comment.,
2011
St. Mary's University
A Shift In Power: Why Increased Urban Drilling Necessitates A Change In Regulatory Authority Comment., Riley W. Vanham
St. Mary's Law Journal
Historically, Texas has boasted a very lucrative oil and gas industry, which has been vital to the state’s successful economy. Due to increased drilling in urban areas, particularly the Barnett Shale, the number of affected surface owners multiplied overnight, attracting attention to oil and gas issues. Legislation has been purported to remedy the longtime conflict in Texas property law caused by the dominance of the mineral estate over the surface estate. But no bill has passed having major policy-change implications. Currently, local governments freely adopt and enforce oil and gas regulations. These ordinances vary from city-to-city, creating inconsistencies for operators …
Ethical Issues In Business And The Lawyer's Role,
2011
University of Florida Levin College of Law
Ethical Issues In Business And The Lawyer's Role, Robert J. Rhee, Carol Morgan, Tamar Frankel, Mark Fagan
UF Law Faculty Publications
The remarks by Professor Rhee "The Stand Alone Course Approach to Teaching Business Ethics," Professor Morgan "Teaching Business Ethics in Transactional Skills Courses: An Integrated Approach," and Professors Tamar Frankel and Mark Fagan "Teaching Business Ethics: A Collaborative Approach" were made at the conference on "Transactional Education: What's Next?" held at Emory University School of Law, June 4, 2010.
Making Civility Democratic,
2011
University of Florida Levin College of Law
Making Civility Democratic, Amy R. Mashburn
UF Law Faculty Publications
Historically, the concept of civility has been bound up with undemocratic notions of hierarchy and deference. Using insights from studies of civility by social psychologists, linguists, sociologists, historians, and political theorists, this article advances the theory that the legal profession’s self-consciously isolating professionalism ideology allows judges and disciplinary tribunals to apply deference-based notions of civility in their decisions to sanction lawyers. This theory would predict that the lawyers most likely to be sanctioned for incivility and rudeness are those from whom society expects the most deference. To test this theory, the author conducted an empirical study of every available case …
Professional Responsibility For The Pro Se Attorney.,
2011
St. Mary's University
Professional Responsibility For The Pro Se Attorney., Margaret Raymond
St. Mary's Journal on Legal Malpractice & Ethics
This Article considers how pro se lawyers should be treated under the law of professional responsibility. While courts have addressed whether various aspects of the law of lawyering should be applied to lawyers acting pro se, they have not done so systematically. The Article first demonstrates that the law is not consistent in its treatment of pro se lawyers. It then argues that a purpose-based approach to the issue provides a consistent, rational, and reproducible way to analyze the question. It concludes that whether a particular rule of professional responsibility should apply to a pro se lawyer should be driven …
Midnight In The Garden Of Good Faith: Using Clawback Actions To Harvest The Equitable Roots Of Bankrupt Ponzi Schemes,
2011
Georgia State University College of Law
Midnight In The Garden Of Good Faith: Using Clawback Actions To Harvest The Equitable Roots Of Bankrupt Ponzi Schemes, Jessica D. Gabel
Faculty Publications By Year
This paper addresses an increasingly relevant issue in bankruptcy – does it make sense to protect “good faith” investors who have invested (some quite profitably) in a Ponzi scheme from clawback actions by the trustee? This article presents issues of economic equity (equitable payouts to individual creditors vs. equitable distribution among all creditors); bankruptcy policy (retaining antiquated notions of good faith in an ever-evolving financial playground); and judicial inconsistency (disparities in the treatment on Ponzi investors). * In the aftermath of the financial crisis, investors have attempted to pull their money back from the markets, collapsing hundreds of Ponzi schemes …
Unpacking The Apprenticeship Of Professional Identity And Purpose: Insights From The Law School Survey Of Student Engagement,
2011
Indiana University Maurer School of Law
Unpacking The Apprenticeship Of Professional Identity And Purpose: Insights From The Law School Survey Of Student Engagement, Carole Silver, Amy Garver, Lindsay Watkins
Articles by Maurer Faculty
Drawing on data from the Law School Survey of Student Engagement, this paper investigates the ways in which law students develop a sense of professional identity and purpose, the third apprenticeship identified by the Carnegie Foundation in its report, Educating Lawyers. The data offer only a first step toward unpacking how students learn about professional identity and purpose. Generally, the findings point to the importance of law school classes for effective learning about legal ethics, and to the role of clinical legal education as a means for deepening the effectiveness of lessons about ethics, professional identity and purpose.
Red Skies In The Morning—Professional Ethics At The Dawn Of Cloud Computing,
2011
Indiana University Maurer School of Law
Red Skies In The Morning—Professional Ethics At The Dawn Of Cloud Computing, Sarah Jane Hughes, Roland L. Trope
Articles by Maurer Faculty
The article evaluates risks to clients’ confidential and privileged information when lawyers or law firms store such information in any cloud computing “space” against the requirements of the Model Rules of Professional Conduct and the New York Rules of Professional Conduct. It also evaluates pertinent liability provisions of some of the more commonly used cloud computing services (Amazon.com and Google) against the lawyer’s responsibilities. An interesting portion covers the latest thinking from NIST on cloud computing benefits and risks.
Ethics In An E-Environment,
2011
University of Georgia School of Law Library
Ethics In An E-Environment, Maureen Cahill
Articles, Chapters and Online Publications
Computers and the Internet have profoundly changed the mechanics of the practice of law. Client communication; legal research; and document drafting, storage and transmittal are increasingly paper free. This electronic revolution has greatly increased efficiency, productivity and convenience in law offices. However, at the same time, this shift to digital tools has also complicated many traditional ethical considerations for those in the legal profession, and these advances in technology give rise to several issues that may be governed by rules of professional conduct.
Criminal Acts & Ethical Dilemmas: Some Client Nightmares Sneak Up On You,
2011
University of Missouri - Kansas City, School of Law
Criminal Acts & Ethical Dilemmas: Some Client Nightmares Sneak Up On You, Barbara Glesner Fines
Faculty Works
No abstract provided.
Confidentiality And Common Sense: Insights From Philosophy,
2011
University of Connecticut School of Law
Confidentiality And Common Sense: Insights From Philosophy, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Engaged Client-Centered Representation And The Moral Foundations Of The Lawyer-Client Relationship,
2011
Mitchell Hamline School of Law
Engaged Client-Centered Representation And The Moral Foundations Of The Lawyer-Client Relationship, Kate Kruse
Faculty Scholarship
The field of legal ethics, as we know it today, has grown out of thoughtful, systematic grounding of lawyers’ duties in a comprehensive understanding of lawyers’ roles and the situating of lawyers’ roles in underlying theories of law, morality and justice. Unfortunately, the field of theoretical legal ethics has mostly lost track of the thing at the heart of a lawyers’ role: the integrity of the lawyer-client relationship. The field of theoretical legal ethics has developed in ways that are deeply lawyer-centered rather than fundamentally client-centered. This paper, which was delivered at Hofstra Law School as the Lichtenstein Distinguished Professor …
Developing A Master Data Sharing Agreement: Seeking Student-Level Evidence To Support A Collaborative Community Effort In Education,
2011
Calvin University
Developing A Master Data Sharing Agreement: Seeking Student-Level Evidence To Support A Collaborative Community Effort In Education, Neil E. Carlson, Edwin Hernández, Chaná Edmond-Verley, Gustavo Rotondaro
University Faculty Publications and Creative Works
The authors, who represent a family foundation, a college, a university, and a public school system, describe the process of developing an agreement that allows student-level data to be shared for research and evaluation purposes. Keys to reaching the agreement included clear distinctions among roles and access to data, strict adherence to consent and confidentiality agreements, and a shared commitment to using data to improve student outcomes.
The Jurisprudential Turn In Legal Ethics,
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Jurisprudential Turn In Legal Ethics, Katherine R. Kruse
Scholarly Works
When legal ethics developed as an academic discipline in the mid-1970s, its theoretical roots were in moral philosophy. The early theorists in legal ethics were moral philosophers by training, and they explored legal ethics as a branch of moral philosophy. From the vantage point of moral philosophy, lawyers’ professional duties comprised a system of moral duties that governed lawyers in their professional lives, a “role-morality” for lawyers that competed with ordinary moral duties. In defining this “role-morality,” the moral philosophers accepted the premise that “good lawyers” are professionally obligated to pursue the interests of their clients all the way to …
Philosophical Legal Ethics: Ethics, Morals, And Jurisprudence,
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
Philosophical Legal Ethics: Ethics, Morals, And Jurisprudence, Katherine R. Kruse
Scholarly Works
The authors and moderator David Luban participated in a plenary session of the International Legal Ethics Conference IV, held at Stanford. Each author answered and discussed questions arising from short papers they had written about the principal concern of legal ethics was the morality of lawyers, the morality of clients, or the morality of laws.
