Engaged Client-Centered Representation And The Moral Foundations Of The Lawyer-Client Relationship,
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
Engaged Client-Centered Representation And The Moral Foundations Of The Lawyer-Client Relationship, Katherine R. Kruse
Scholarly Works
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, in the process, the field of theoretical legal ethics has mostly lost track of the thing that Freedman insisted was at the heart of a lawyers’ role: the integrity of the lawyer-client relationship. As I will discuss, the field of theoretical legal ethics has developed in ways that are deeply lawyer-centered rather than fundamentally client-centered. I am going …
Fred Zacharias’S Skeptical Moralism,
2011
Georgetown University Law Center
Fred Zacharias’S Skeptical Moralism, David Luban
Georgetown Law Faculty Publications and Other Works
Fred Zacharias's articles, Rethinking Confidentiality, published in two parts, were a sensational start to an illustrious career. Fred conducted the first and one of the best empirical studies of confidentiality in years, surveying lawyers and clients in Tompkins County, New York, about what lawyers actually told clients about confidentiality and its exceptions, and what difference the exceptions made in whether clients withheld information from their lawyers.
Mediating Multiculturally: Culture And The Ethical Mediator,
2011
Georgetown University Law Center
Mediating Multiculturally: Culture And The Ethical Mediator, Carrie Menkel-Meadow, Harold I. Abramson
Georgetown Law Faculty Publications and Other Works
This commentary on mediating multiculturally in a chapter of Mediation Ethics (edited by Ellen Waldman) suggests there are times when mediators should not mediate, because of their own ethical commitments. Commenting on a hypothetical divorce scenario (of Ziba, a 17 year old from her 44 year old husband, with two children aged 3 and 2, where the parties claim to want Shari’a principles to apply), the author (Carrie Menkel-Meadow) suggests that she would not mediate a case which might violate formal laws (American marriage and divorce laws) or infringe on rights that one of the parties might not be fully …
Recent Developments In The Law Of Lawyering: The New Illinois Rules Of Professional Conduct, 42 Loy. U. Chi. L.J. 391 (2011),
2011
John Marshall Law School
Recent Developments In The Law Of Lawyering: The New Illinois Rules Of Professional Conduct, 42 Loy. U. Chi. L.J. 391 (2011), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
No abstract provided.
Enforcement Of Law Schools' Non-Academic Honor Codes: A Necessary Step Towards Professionalism?,
2011
Florida A&M University College of Law
Enforcement Of Law Schools' Non-Academic Honor Codes: A Necessary Step Towards Professionalism?, Nicola A. Boothe-Perry
Journal Publications
As law schools strive to enforce their codes of student conduct, enforcement has called into question the legal standing of the schools, since enforcement affects the fundamental rights of students. Consequently, this Article will address the following question: to what extent can law schools fulfill their responsibility and opportunity to enforce behavioral codes-specifically codes governing non-academic conduct-with a goal of improving professionalism? Through analysis of law schools' enforcement capabilities, this Article will suggest a practical framework by which law schools can promulgate and enforce codes and rules affecting students' non-academic conduct.
Behind Closed Doors: Shedding Light On Lawyer Self-Regulation--What Lawyers Do When Nobody's Watching,
2011
University of Akron School of Law
Behind Closed Doors: Shedding Light On Lawyer Self-Regulation--What Lawyers Do When Nobody's Watching, John Sahl
Akron Law Faculty Publications
This Article examines the significance of Professor Fred C. Zacharias’s work, What Lawyers Do When Nobody’s Watching: Legal Advertising as a Case Study of the Impact of Underenforced Professional Rules. Following the Introduction, Part II of the Article summarizes Nobody’s Watching – an empirically based study of lawyers in California who advertised in the yellow pages of telephone books. Part II reviews Professor Zacharias’ findings and analysis concerning unenforced or underenforced ethics rules regulating lawyer advertising. Part III discusses the significance of Nobody’s Watching as an early empirical study of lawyer advertising in the field of professional responsibility and its …
The Media, The Jury, And The High-Profile Defendant: A Defense Perspective On The Media Circus,
2011
New York Law School
The Media, The Jury, And The High-Profile Defendant: A Defense Perspective On The Media Circus, John C. Meringolo
NYLS Law Review
No abstract provided.
Honest Services Fraud After Skilling.,
2011
St. Mary's University
Honest Services Fraud After Skilling., Pamela Mathy
St. Mary's Law Journal
The United States Supreme Court ruling in Skilling v. United States limits honest services fraud prosecutions of both public officials and private individuals to schemes involving bribes or kickbacks. Over the past two decades, federal prosecutors have used the federal mail and wire fraud statutes to reach schemes which deprive citizens of their money or property and of the intangible right to honest services. The Court’s ruling in Skilling removes a category of deceptive, fraudulent, and corrupt conduct from the scope of the honest services law. By limiting honest services fraud under the statute to bribes and kickbacks, the Court …
A Synopsis Of Texas And Federal Sovereign Immunity Principles: Are Recent Sovereign Immunity Decisions Protecting Wrongful Governmental Conduct.,
2011
St. Mary's University
A Synopsis Of Texas And Federal Sovereign Immunity Principles: Are Recent Sovereign Immunity Decisions Protecting Wrongful Governmental Conduct., Marilyn Phelan
St. Mary's Law Journal
The Texas Supreme Court recently rendered several decisions involving governmental entities reflecting the court’s inflexible application of the doctrine of sovereign immunity. These decisions raise concerns that the Court may be insulating government employees from adherence to ethical codes of conduct. Just as Congress enacted legislation requiring accuracy and reliability from financial officers of corporations, there exists a similar need for Texas courts to protect the public from governmental harm through misconduct. The current awareness of governmental officials lessens the likelihood of governmental transparency and accountability. This Article analyzes the Court’s current application of the sovereign immunity doctrine to provide …
Legal Malpractice Litigation And The Duty To Report Misconduct.,
2011
St. Mary's University
Legal Malpractice Litigation And The Duty To Report Misconduct., Vincent R. Johnson
St. Mary's Journal on Legal Malpractice & Ethics
Lawyers participating in legal malpractice litigation sometimes encounter evidence of serious disciplinary rule violations. Whether, and how soon, those lawyers are required to report this information to grievance authorities is a question that has received little attention from courts and scholars, despite the fact that most states have mandatory reporting rules. The dilemma for lawyers serving as testifying experts is particularly troublesome because nonreporting may result not only in discipline, but testimonial impeachment. The better view is that an expert in a pending case ordinarily has no mandatory obligation to report misconduct. This conclusion is supported by an analysis of …
Ethically Handling The Receipt Of Possibly Privileged Information.,
2011
St. Mary's University
Ethically Handling The Receipt Of Possibly Privileged Information., James M. Fischer
St. Mary's Journal on Legal Malpractice & Ethics
Inadvertently sent e-mails that contain privileged information, material negligently included in a discovery response, or employer's documents taken by a whistle-blower all share a common theme-the materials were not intended to be disclosed to the opposing party. This Article makes two contentions. First, all unintended disclosures should be treated under a single standard that asks whether the privilege holder exercised reasonable care in maintaining the confidentiality of the materials. Second, with respect to the receiving lawyer's professional obligations, a lawyer who receives materials that may be privileged should be allowed to read the materials: (1) to determine whether the materials …
Practical Ethics For The Professional Prosecutor.,
2011
St. Mary's University
Practical Ethics For The Professional Prosecutor., Enrico B. Valdez
St. Mary's Journal on Legal Malpractice & Ethics
In Brady v. Maryland, the United States Supreme Court held that the prosecution's withholding of material exculpatory evidence violated the defendant's due process rights regardless of the absence of bad faith. The implications of this duty can be seen in the case of John Thompson, a man who was convicted of murder in Louisiana in 1985 after the prosecution failed to turn over exculpatory evidence. Thompson was able to get his conviction reversed and subsequently sued the district attorney's office. This Article analyzes Brady and the decisions that followed it to outline the obligations of prosecutors who are in possession …
Circular 230: New Rules Governing Practice Before The Irs.,
2011
St. Mary's University
Circular 230: New Rules Governing Practice Before The Irs., C. John Muller Iv
St. Mary's Journal on Legal Malpractice & Ethics
This Article addresses the issue of tax preparer oversight. Currently, anyone may prepare a tax return for a fee. However, those preparers who are not lawyers, certified public accountants, or authorized to practice before the IRS are not required to meet a minimum standard of education, knowledge, training, or skill. After recent government studies revealed that these non-trained tax return preparers were making costly, egregious mistakes, the IRS proposed mandating oversight over any individual who prepares a tax return for compensation. This Article discusses, in depth, the Department of the Treasury's proposed regulations to broaden the authorities of IRS Circular …
Legal Ethics Scholarship Of Ted Schneyer: The Importance Of Being Rigorous, The Festschrift For Ted Schneyer Lawyer Regulation For The 21st Century: Foreword,
2011
Fordham University School of Law
Legal Ethics Scholarship Of Ted Schneyer: The Importance Of Being Rigorous, The Festschrift For Ted Schneyer Lawyer Regulation For The 21st Century: Foreword, Bruce A. Green
Faculty Scholarship
This collection on "Lawyer Regulation for the 21st Century" celebrates Ted Schneyer's legal ethics scholarship. From my perspective as Ted's friend and colleague in the field of legal ethics, it is obvious how richly he deserves this festschrift, and it is my privilege to be invited to contribute its foreword. But to someone outside the field, many questions might be raised. Why celebrate legal scholarship? Why celebrate legal ethics scholarship? Why celebrate Ted Schneyer's legal ethics scholarship? And why celebrate it by collecting writings on the theme of Lawyer Regulation for the 21st Century? Though I have no desire to …
Prosecutors' Ethical Duty Of Disclosure In Memory Of Fred Zacharias ,
2011
Fordham University School of Law
Prosecutors' Ethical Duty Of Disclosure In Memory Of Fred Zacharias , Bruce A. Green
Faculty Scholarship
In the spring of 2009, I sent Fred Zacharias an e-mail to let him know that the American Bar Association's (ABA) Standing Committee on Ethics and Professional Responsibility, on which I was serving, was working on an opinion on prosecutorial ethics and to suggest that once it was published, the opinion might be fodder for our next article. Over the preceding decade, Fred and I had coauthored five articles on the regulation of prosecutors,' and various others on the regulation of lawyers in general, but at that time, we had no work in progress and had been out of touch …
In Re Miguel M.,
2011
New York Law School Class of 2011
In Re Healthsouth Corp. Securities Litigation,
2011
New York Law School Class of 2011
In Re Healthsouth Corp. Securities Litigation, Adam Paul Gordon
NYLS Law Review
No abstract provided.
In Re Steven J. Lever,
2011
New York Law School Class of 2011
From Hero To Villain: The Corresponding Evolutions Of Model Ethical Codes And The Portrayal Of Lawyers In Film,
2011
Tannenbaum Helpern Syracuse & Hirschtritt LLP
From Hero To Villain: The Corresponding Evolutions Of Model Ethical Codes And The Portrayal Of Lawyers In Film, Amy S. Beard
NYLS Law Review
No abstract provided.
Chasing The Greased Pig Down Wall Street: A Gatekeeper’S Guide To The Psychology, Culture And Ethics Of Financial Risk-Taking,
2011
Georgetown University Law Center
Chasing The Greased Pig Down Wall Street: A Gatekeeper’S Guide To The Psychology, Culture And Ethics Of Financial Risk-Taking, Donald C. Langevoort
Georgetown Law Faculty Publications and Other Works
The current financial crisis has once again focused attention on lawyers, corporate directors and auditors as gatekeepers, who are expected to introduce some degree of cognitive independence to the task of risk assessment and risk management in public companies, including financial services firms. This essay examines the psychological and cultural forces that may distort risk perception and risk motivation in hyper-competitive firms, beyond the standard economic incentives associated with agency costs and moral hazards, warning gatekeepers against too easily assuming that all is well when insiders display high levels of intensity, focus and devotion to hard-to-achieve goals. In fact, these …
