Client Confidentiality As Data Security,
2024
Georgetown University Law Center
Client Confidentiality As Data Security, Jonah E. Perlin
Washington Law Review
The duty of confidentiality has been a cornerstone of the attorney-client relationship for more than four centuries. Historically, this duty was not difficult to discharge. All a lawyer had to do to comply was not affirmatively share client information in public without consent. But that has all changed. The same technologies that provide unprecedented benefits of authorized access by lawyers and their clients create unprecedented risks of unauthorized access by others. As a result, although the duty of confidentiality was once synonymous with a duty to keep client confidences secret, today the duty necessitates that lawyers keep client confidences secure …
Client Confidentiality As Data Security,
2024
Georgetown University Law Center
Client Confidentiality As Data Security, Jonah Perlin
Georgetown Law Faculty Publications and Other Works
The duty of confidentiality has been a cornerstone of the attorney-client relationship for more than four centuries. Historically, this duty was not difficult to discharge. All a lawyer had to do to comply was not affirmatively share client information in public without consent. But that has all changed. The same technologies that provide unprecedented benefits of authorized access by lawyers and their clients create unprecedented risks of unauthorized access by others. As a result, although the duty of confidentiality was once synonymous with a duty to keep client confidences secret, today the duty necessitates that lawyers keep client confidences secure …
Ethical Guardrails To Unbounded Procedure,
2024
Seattle University School of Law
Ethical Guardrails To Unbounded Procedure, Seth Katsuya Endo
Fordham Law Review
Civil lawsuits in federal courts—especially class actions and multidistrict litigation (MDL)—can be messy and complicated, calling for pragmatic interventions that lie beyond what is explicitly addressed by the existing rules. And flexibility is part of the genius of the Federal Rules of Civil Procedure. On the other hand, unbounded discretion and innovation in procedure can lead to illegitimate exercises of power, bias, democratic nonaccountability, and other serious harms. But the choice is not between providing individual courts with nearly limitless authority to experiment with procedure or having a set of rigid rules. Instead, there is a third path: district judges …
Discrimination, Model Rule 8.4(G), And The Aba’S Quixotic Quest For Uniformity,
2024
University of Tennessee College of Law
Discrimination, Model Rule 8.4(G), And The Aba’S Quixotic Quest For Uniformity, Alex B. Long
Washington and Lee Law Review
Under American Bar Association (“ABA”) Model Rule 8.4(g), it is professional misconduct for a lawyer to engage in conduct related to the practice of law that the lawyer knows, or reasonably should know, is harassment or discrimination on the basis of race and other protected characteristics. Widespread concerns over the breadth and lack of clarity concerning the rule have triggered substantial criticism, including the refusal of multiple states to adopt this model rule. Instead, several states have responded by introducing alternative versions of Model Rule 8.4(g) or by applying older rules of professional conduct in the case of discriminatory speech …
Renewing Our Vows: The Lawyer's Oath And Our Pledge To Democracy,
2024
Suffolk University Law School
Renewing Our Vows: The Lawyer's Oath And Our Pledge To Democracy, Colin M. Black
Suffolk University Law School Faculty Works
For centuries, lawyers have sworn to an oath as a prerequisite to admission. The oath, barely evolved from their historical roots, represents the guiding commitment lawyers make to democratic principles of honesty, integrity, fairness, and the rule of law. This commitment is in exchange for the power and privilege of belonging to the legal profession. However, the ethical landscape for legal practitioners has evolved, particularly in response to the alarming events of the 2020 U.S. presidential election. These events revealed significant lapses in the judgment and conduct among some lawyers, exposing the need for a recommitment to the democratic principles …
Abolish The Mpre,
2024
St. Mary's University
Abolish The Mpre, Michael Ariens
St. Mary's Journal on Legal Malpractice & Ethics
In nearly every jurisdiction, applicants to the bar must pass the Multistate Professional Responsibility Examination (MPRE). Its purpose, according to its owner, the National Conference of Bar Examiners (NCBE), is “to measure candidates’ knowledge and understanding of established standards related to the professional conduct of lawyers.” It does test whether an examinee has kept in short-term memory the rules and exceptions that make up part of the understanding of what it means to serve as a lawyer. However, success (or initial failure) on the MPRE has not been correlated with ethical conduct or misconduct. For example, the Texas Board of …
Legal Malpractice In Florida: A Statistical Profile,
2024
Nova Southeastern University
Legal Malpractice In Florida: A Statistical Profile, Robert M. Jarvis, Debra Moss Vollweiler
St. Mary's Journal on Legal Malpractice & Ethics
Little empirical research exists about the incidence of legal malpractice. To help fill the gap, the authors spent 1,000 hours mining the Florida Office of Insurance Regulation’s legal malpractice database, a rich but underutilized resource. As their results make clear, every lawyer—no matter their gender, education, location, experience, or type of practice—is at risk of being sued for legal malpractice.
Self-Discipline, Faith, And Civility: Promoting A Civil Society And Lawyer Professionalism,
2024
Thompson Coburn LLP
Self-Discipline, Faith, And Civility: Promoting A Civil Society And Lawyer Professionalism, Honorable Douglas S. Lang
St. Mary's Journal on Legal Malpractice & Ethics
All lawyers are bound to assiduously adhere to the Law, including the strictures of legal ethics, professionalism, and all secular law. Moreover, lawyers of faith must adhere to the tenants of their faith as a way of life. The principles of those two sets of imperatives are not only compatible, they are inextricably intertwined. Together, they compel lawyers to treat others civilly and with respect and dignity. This paper demonstrates that lawyers, particularly Catholic lawyers, must unselfishly and civilly live their lives in a way to combat the scourge of incivility in the legal profession and in society. All …
Restoring The Public’S Faith: Character Education And The Supreme Court,
2024
St. Mary's University
Restoring The Public’S Faith: Character Education And The Supreme Court, Benjamin Rigney
St. Mary's Journal on Legal Malpractice & Ethics
The current news cycle is full of reports on the alleged ethical scandals rocking the Supreme Court. A significant result of these ethical failures is rapidly declining public trust in the Supreme Court as an institution, which in turn negatively impacts the public’s trust in the entire legal system. The role of judicial ethics is fundamental to the American legal system as illustrated in Charles Geyh’s article, The Architecture of Judicial Ethics, published in the University of Pennsylvania Law Review, and Amanda Frost’s article, Judicial Ethics and Supreme Court Exceptionalism, published in the Georgetown Journal of Legal …
The Impact The Monetary Value Of A Case Has On Effort And Productivity Within The Field Of Personal Injury,
2024
St. Mary's University
The Impact The Monetary Value Of A Case Has On Effort And Productivity Within The Field Of Personal Injury, Maximiliano Elizondo
St. Mary's Journal on Legal Malpractice & Ethics
No abstract provided.
The Independence And Empowerment Of International Criminal Tribunals,
2024
St. Mary's University
The Independence And Empowerment Of International Criminal Tribunals, Peter Koelling
St. Mary's Journal on Legal Malpractice & Ethics
No abstract provided.
Arbitrase Dan Media Sosial (Arbitration And Social Media),
2024
Rosetini & Partners
Arbitrase Dan Media Sosial (Arbitration And Social Media), Suar Sanubari
Jurnal Hukum & Pembangunan
This article discusses the use of social media among arbitration actors. Social media have evolved since its inception. In the beginning, social networks were used to stay in touch with friends and family. Now the trend is to follow influencers. The boundaries between personal and professional use have become blurry. Social media are more regulated and supervised now, especially due to privacy and national security concerns. The social media adoption landscape has matured with increasing adoption by all generations. The use of social media can give rise to questions about ethical conduct or even the integrity of the arbitration proceedings. …
Aspek Keperdataan Dalam Upaya Penyelesaian Sengketa Medis Antara Pasien Dengan Tenaga Medis Berdasarkan Undang-Undang Kesehatan,
2024
Universitas Pembangunan Nasional "Veteran" Jawa Timur
Aspek Keperdataan Dalam Upaya Penyelesaian Sengketa Medis Antara Pasien Dengan Tenaga Medis Berdasarkan Undang-Undang Kesehatan, Lintang Zandra Camellia, Adhitya Widya Kartika
Jurnal Hukum & Pembangunan
Medical disputes in the civil field are disputes that can occur between patients and doctor as a medical-professionals and are related to the full fillment of the rights and obligations of the binding relationship as a legal result in the provision of medical services. Medical disputes can lead to losses suffered by patients which can be in the form of limb disability, even death. The emergence of law and health provides a beneficial collaboration, where the health field can be used to face public health challenges and the law can be used to maintain peace and order in society. The …
Mental Health Screening In Lawyer Licensing,
2024
Stanford University
Mental Health Screening In Lawyer Licensing, Grahm Ambrose, Brianne Holland-Sergar, Nora Freeman Engstrom
Faculty Journal Articles & Other Writings
This report examines the role of mental health screening in lawyer licensing, focusing on its evolution, current practices, and criticisms. It highlights concerns that such screening may discourage treatment, perpetuate stigma, and lack empirical support for improving public protection. While many states have shifted from broad inquiries into diagnoses and treatment history toward narrower questions about conduct or impairment, most still retain some form of screening. The report also reviews legal, ethical, and practical challenges, including potential conflicts with disability law. Overall, it concludes that although reforms have reduced intrusiveness, significant debate remains about the necessity and effectiveness of mental …
Do Androids Dream Of Bad Tv?: Un/Originality In Neil Burger’S Voyagers,
2024
Cape Breton University
Do Androids Dream Of Bad Tv?: Un/Originality In Neil Burger’S Voyagers, Tom Ue, Callum M. Mcnutt
Proceedings from the Document Academy
Critics did not take kindly to Neil Burger’s Voyager (2021). On Rotten Tomatoes, the film scored a dismal 25%, and the consensus is that it’s a trip best not taken: “It has a game cast and a premise ripe with potential, but Voyagers drifts in familiar orbit rather than fully exploring its intriguing themes.” This article seeks neither to reclaim the film as an unjustly neglected cinematic masterpiece nor to assert its importance in the canon of dystopian works. Rather, it treats Voyagers as a test case for exploring our own critical investment in the genre. Our aims are …
University Of The District Of Columbia Law Review,
2024
University of the District of Columbia School of Law
University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review
University of the District of Columbia Law Review
No abstract provided.
The Status Of Abortion Care Training For Medical Providers Amidst The Current Abortion Access Crisis: A Literature Review,
2024
Augsburg University
The Status Of Abortion Care Training For Medical Providers Amidst The Current Abortion Access Crisis: A Literature Review, Leah Johnson
Theses and Graduate Projects
Background: While a common, safe, and essential aspect of reproductive healthcare, abortions have been subject to countless legal restrictions and bans in the United States, especially after the overturn of Roe v. Wade. This has also exacerbated the current shortage of abortion providers. Within this crisis of worsening abortion access, it is imperative to appropriately train future clinicians to provide abortion care. Purpose: This literature review will investigate the status of abortion training in medical schooling. It will explore physician-specific education in abortion and look specifically at the impact of recent legal threats on the availability of this training. Finally, …
Good Lawyers, Good Sports?: The Professional Identity Of Sports Lawyers Representing Not-For-Profit Entities,
2024
Texas A&M University School of Law
Good Lawyers, Good Sports?: The Professional Identity Of Sports Lawyers Representing Not-For-Profit Entities, Bruce Green
Texas A&M Law Review
ABA accreditation standards require law schools to develop students’ professional identity, including by encouraging “an intentional exploration of” the legal profession’s “values [and] guiding principles.” This Essay invites legal academia as well as practitioners to explore issues of legal ethics, professionalism, and, especially, professional identity in the context of a new area of legal practice: sports lawyers’ representation of “NIL collectives,” which are not-forprofit entities that college boosters establish to enable college athletes to benefit financially from their name, image and likeness (“NIL”). The work of sports lawyers advising NIL collectives offers an interesting case study for considering how professional …
The Motherhood Myth, Traditional Firms, And The Underrepresentation Of Women,
2024
University of Tennessee College of Law
The Motherhood Myth, Traditional Firms, And The Underrepresentation Of Women, Paula Schaefer
Scholarly Works
This Article makes the case that the motherhood narrative—that women are underrepresented in partnership and leadership ranks of law firms because they are their children’s primary caregivers—is a myth. After detailing how the motherhood myth has been used as an excuse for a lack of meaningful change, the Article provides evidence of an alternative narrative: “traditional firms” are structurally and culturally antagonistic to women. These firms are characterized by extreme work expectations and heavy reliance on the unpaid labor of stay-at-home spouses (SAHSs). Traditional firms’ dependence upon SAHSs is central to maintaining the firm status quo and driving out women. …
Room To Grow: Exorcising The Curse Of Coverage To Make Room For Professional Identity Formation,
2024
University of Missouri - Kansas City, School of Law
Room To Grow: Exorcising The Curse Of Coverage To Make Room For Professional Identity Formation, Barbara Glesner Fines
Faculty Works
In any conversation about integrating opportunities for professional identity formation into the curriculum, particularly when suggesting that these opportunities be integrated into required doctrinal courses, one will hear an objection that there is no room for these learning activities. Many doctrinal teachers worry that incorporating professional identity formation opportunities or focus into classes would require sacrificing the critical time, doctrinal content, and analytical skills that are the “signature pedagogy” of law schools. Lawyering skills faculty, already managing a broad, feedback-intensive range of learning objectives, may object that their courses are the last place one can find room for one more …
