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Legal Ethics and Professional Responsibility Commons

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Apr. 14, 2010, Ifc, Performance Standard 1-Rev.-0.1, IFC 2010 American University Washington College of Law

Apr. 14, 2010, Ifc, Performance Standard 1-Rev.-0.1, Ifc

IFC E&S Performance Standards

No abstract provided.


Achieving The Vision Through High Ethical Standards, Sarah E. Bertke 2010 Western Kentucky University

Achieving The Vision Through High Ethical Standards, Sarah E. Bertke

Ohio Valley Regional Student Conference

No abstract provided.


Shadow Lawyering: Nonlawyer Practice Within Law Firms, Paul R. Tremblay 2010 Boston College Law School

Shadow Lawyering: Nonlawyer Practice Within Law Firms, Paul R. Tremblay

Indiana Law Journal

Lawyers commonly associate with nonlawyers to assist in their performance of lawyering tasks. A lawyer cannot know with confidence, though, whether the delegation of some tasks to a nonlawyer colleague might result in her assisting in the unauthorized practice of law, because the state of the law and the commentary about nonlawyer practice is so confused and incoherent. Some respected authority within the profession tells the lawyer that she may only delegate preparatory matters and must prohibit the nonlawyer from discussing legal matters with clients, or negotiating on behalf of clients. Other authority suggests that the lawyer may delegate a …


Paying Women For Their Eggs For Use In Stem Cell Research, Pamela Foohey 2010 Dorsey & Whitney LLP

Paying Women For Their Eggs For Use In Stem Cell Research, Pamela Foohey

Pace Law Review

No abstract provided.


Legal, Moral And Biological Implications Of Poaching And Illegal Animal Trafficking On An International Scale, Meghan A. Pastor 2010 Salve Regina University

Legal, Moral And Biological Implications Of Poaching And Illegal Animal Trafficking On An International Scale, Meghan A. Pastor

Pell Scholars and Senior Theses

Poaching and animal trafficking is a global issue in the areas of biology, morality and politics. This paper will discuss the different areas of impact as well as consider options for the prevention and alleviation of this issue.


Entertainment Law - The Specter Of Malpractice Claims And Disciplinary Actions, John Sahl 2010 University of Akron School of Law

Entertainment Law - The Specter Of Malpractice Claims And Disciplinary Actions, John Sahl

Akron Law Faculty Publications

There is significant risk today that lawyers will become the target of a disciplinary or legal malpractice action, especially given the complexity of the law and advances in technology that reduce the amount of time that lawyers have to reflect about client matters. This risk is heightened by the increased competition in the bar to deliver legal services in a cost-effective manner, the sophistication of clients who expect competent, efficient and reasonably priced services, and the litigious nature of consumers. The risk is further exacerbated by the ever-changing methods and rules for electronic communication and the storage of information. The …


Misunderstanding Lawyers' Ethics, Monroe H. Freedman, Abbe Smith 2010 Hofstra University

Misunderstanding Lawyers' Ethics, Monroe H. Freedman, Abbe Smith

Michigan Law Review

The title of Daniel Markovits's book, A Modern Legal Ethics, gives the impression that it is a comprehensive treatise on contemporary lawyers' ethics. The contents of the book, however, are both more limited and more expansive than the title suggests. Markovits's treatment of lawyers' ethics concerns itself with what he conceives to be the pervasive guilty conscience of practicing lawyers over their "professional viciousness" (p. 36), and how lawyers can achieve a guilt-free professional identity "worthy of ... commitment" (p. 2). Markovits's goal in the book is to "articulat[e] a powerful and distinctively lawyerly virtue" (p. 2), one that …


Attorney Admissions Ceremony — United States District Court For The Northern District Of New York, Roger J. Miner '56 2010 New York Law School

Attorney Admissions Ceremony — United States District Court For The Northern District Of New York, Roger J. Miner '56

Bar Admissions

No abstract provided.


It's Not Funny: Creating A Professional Culture Of Pro Bono Commitment, Douglas L. Colbert 2010 University of Maryland School of Law

It's Not Funny: Creating A Professional Culture Of Pro Bono Commitment, Douglas L. Colbert

Faculty Scholarship

Professor Colbert challenges the popular view that regards lawyers as selfish, greedy and uncaring to the legal needs of the outside community. In his article, he recognizes that the lawyers with whom he is familiar are fulfilling the lawyer’s ethical obligation of engaging in pro bono service and “provid[ing] legal services to those unable to pay,” while also embracing the language in the Preamble to the Model Rules of Professional Conduct that refers to the attorney “as a public citizen who has a special responsibility to the quality of justice.” Professor Colbert asks colleagues in the legal academy whether they …


The Way We Think: Ethics, Health And The Environment In International Business, David N. Smith 2010 Singapore Management University

The Way We Think: Ethics, Health And The Environment In International Business, David N. Smith

Research Collection Yong Pung How School Of Law

Breaches of ethics and social responsibility in domestic and international business are typically thought to be anchored in such phenomena as greed, dishonesty and conflict of interest. While these forces are frequently at work in international business transactions, there is often another major force at work when failures of ethics and social responsibility occur. This article addresses the question of what is it about the way that transnational company managers and government officials think or don't think that leads to breaches of ethics and social responsibility - breaches that often result in major health, environmental and social tragedies. The article …


Conflicts Of Interest In Criminal Cases: Should The Prosecution Have A Duty To Disclose?, Anne Poulin 2010 1567

Conflicts Of Interest In Criminal Cases: Should The Prosecution Have A Duty To Disclose?, Anne Poulin

Working Paper Series

This article addresses two types of conflicts of interests that arise in criminal cases: 1) when defense counsel has an employment relation to the prosecutor’s office, and 2) when defense counsel faces criminal investigation or charges. Both these situations threaten both the defendant’s representation and the actual as well as apparent fairness of the proceeding. Yet, only in extreme cases are these conflicts likely to result in a reversal of the defendant’s conviction. As a result, protection of the defendant and the fairness of the process often depends on early intervention, which allows the court to advise the defendant of …


Bad Faith Exception To Prosecutorial Immunity For Brady Violations, Bennett L. Gershman 2010 Elisabeth Haub School of Law at Pace University

Bad Faith Exception To Prosecutorial Immunity For Brady Violations, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Part I of this Article discusses Imbler’s adoption of absolute immunity for prosecutors. Part II discusses Imbler’s extension of absolute immunity to a prosecutor’s violation of his disclosure duty under Brady v. Maryland. Part III describes the ease with which prosecutors are able to evade the Brady rule and the difficulty of enforcing compliance with Brady. Part IV discusses the absence of any meaningful sanctions to deter and punish prosecutors for willful violations of Brady. Part V proposes a bad faith exception to absolute immunity of prosecutors for Brady violations.


(Re)Constructing Judicial Ethics In Canada, Richard F. Devlin 2010 Schulich School of Law

(Re)Constructing Judicial Ethics In Canada, Richard F. Devlin

McGeorge Law Review

No abstract provided.


Three Models Of Legal Ethics, Anthony D'Amato, Edward J. Eberle 2010 Northwestern University School of Law

Three Models Of Legal Ethics, Anthony D'Amato, Edward J. Eberle

Faculty Working Papers

This article presents a picture of each of the three theoretical models—autonomy, socialist, and deontological—and indicates how they differ from one another in their application to some aspects of attorney-client confidentiality, one of the most hotly debated topics of professional ethics.


The Madoff Scandal, Market Regulatory Failure And The Business Education Of Lawyers, Robert J. Rhee 2010 University of Maryland School of Law

The Madoff Scandal, Market Regulatory Failure And The Business Education Of Lawyers, Robert J. Rhee

Faculty Scholarship

This essay suggests that a deficiency in legal education is a contributing cause of the regulatory failure. The most scandalous malfeasance of this new era, the Madoff Ponzi scheme, evinces the failure of improperly trained lawyers and regulators. It also calls into question whether the prevailing regulatory philosophy of disclosure of disclosure is sufficient in a complex market. This essay answers an important question underlying these considerations: What can legal education do to better train business lawyers and regulators for a market that is becoming more complex? One answer, it suggests, is a simple one: law schools should teach a …


Exporting American Legal Ethics, James E. Moliterno 2010 Washington and Lee University School of Law

Exporting American Legal Ethics, James E. Moliterno

Scholarly Articles

None available.


Unconscious Influences On Judicial Decision-Making: The Illusion Of Objectivity, John F. Irwin, Daniel L. Real 2010 Creighton University School of Law

Unconscious Influences On Judicial Decision-Making: The Illusion Of Objectivity, John F. Irwin, Daniel L. Real

McGeorge Law Review

No abstract provided.


Behavioral Psychology Of Judicial Corruption: A Response To Judge Irwin And Daniel Real, The, W. Bradley Wendel 2010 Cornell University

Behavioral Psychology Of Judicial Corruption: A Response To Judge Irwin And Daniel Real, The, W. Bradley Wendel

McGeorge Law Review

No abstract provided.


Understanding Caperton: Judicial Disqualification Under The Due Process Clause, Dmitry Bam 2010 Stanfor Center on the Legal Profession

Understanding Caperton: Judicial Disqualification Under The Due Process Clause, Dmitry Bam

McGeorge Law Review

No abstract provided.


Codifying Caperton V. A. T. Massey Coal Co., Ronald D. Rotunda 2010 Chapman University School of Law

Codifying Caperton V. A. T. Massey Coal Co., Ronald D. Rotunda

McGeorge Law Review

No abstract provided.


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