Legal Ethics and Professional Responsibility Commons^™

Lawyers, Mistakes, And Moral Growth, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

Vincent R. Johnson, professor at St. Mary's University School of Law in San Antonio, Texas, reviews The Man in the Ditch: A Redemption Story for Today by Dallas attorney Mike H. Bassett.

The Overreach Of Limits On 'Legal Advice', Lauren Sudeall

Vanderbilt Law School Faculty Publications

Nonlawyers, including court personnel, are typically prohibited from providing legal advice. But definitions of “legal advice” are unnecessarily broad, creating confusion, disadvantaging self-represented litigants, and possibly raising due process concerns. This Essay argues for a narrower, more explicit definition of legal advice that advances, rather than undercuts, access to justice.

Analysis Of The Application Of The Code Of Ethics Of Judges And Jurors (2022), James Moliterno, Jemali Saiti, Ana Pavlovska-Daneva, Andrej Bozhinovski

Books and Chapters

No abstract provided.

Introducing Students To Ethics And Professionalism Challenges In Virtual Communication, Katherine M. Koops, James E. Moliterno, Carol E. Morgan, Carol D. Newman

Scholarly Articles

As the practice of law, and the conduct of business generally, focuses increasingly on virtual communication, the ethics and professionalism challenges inherent in email, videoconference, text, and telephone communication continue to evolve. These challenges are particularly prevalent in transactional practice, which involves frequent communication with a variety of parties through a variety of communication channels. Exposing law students to these challenges through exercises and simulations contributes to the continued development of their professional identity as lawyers.

This article presents a variety of exercises that introduce students to client confidentiality, inadvertent disclosure, and other ethical issues that often arise in the …

A Study Of Tax Lawyers Discussing Duties, Michelle M. Kwon, Michael Hatfield

Scholarly Works

This Article reports the first qualitative empirical study of U.S. tax lawyers. We interviewed women lawyers who were tax planning specialists. Though this is the first such study of U.S. tax lawyers, this methodology has been used often to study the professional ethics of other tax practitioners around the world. We had three research questions that we sought to answer through dynamic conversations on topics such as the distinctions between good and bad tax plans and good and bad tax lawyers and also the joys and stresses of tax practice. Our first research question was as to the make-up of …

Libraries & Legal Research: Resources For Technological Competency, Virginia Neisler

Law Librarian Scholarship

At the time this article was written, Michigan was one of 39 states that included understanding relevant technologies as a part of the duty of attorney competence. In 2019, the Michigan Supreme Court formally adopted a new comment to MRPC 1.1. With respect to competence as covered under this rule, their comment made explicit that all Michigan attorneys should “engage in continuing study and education, including the knowledge and skills regarding existing and developing technology that are reasonably necessary to provide competent representation for the client in a particular matter” [emphasis added].

In February 2020, the State Bar of Michigan …

Regulation Or Qualification: The Qualifications Clause, The Elections Clause, And Federal Regulation Of Mail-In Ballots, Andrew Scarafile

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Selectively Disciplining Advocates, Bruce A. Green

Connecticut Law Review

After lawsuits challenging the results of the 2020 presidential election failed spectacularly, some wondered whether the plaintiffs’ lawyers would be disciplined for filing frivolous complaints. Time will tell. But, if these lawyers are not disciplined, one should not be surprised. This Article presents an empirical study of the New York disciplinary process, which confirms that advocates who violate disciplinary rules by overzealously pursuing their clients’ interests, such as by making frivolous claims, are rarely punished in the disciplinary process. That is because disciplinary prosecutors, operating in secret, have discretion as to whether to bring formal charges against lawyers who violate …

The “Corporation Revolution” And The Professional Ethics Of Giving Advice On Executive Protection Issues, Sarah Helene Duggin, Shannon "A.J." Singleton, James D. Wing

Scholarly Articles

In today's law enforcement environment, business entities facing criminal investigations and possible indictment have little practical choice but to cooperate with authorities. Cooperation offers the opportunity to avoid a costly trial and attendant adverse reputational, financial, and morale impacts. Resolution of potential criminal charges, however, almost always requires entities to cooperate with law enforcement efforts to impose criminal liability on individual business executives.

While businesses and their executives once generally perceived their interests as closely aligned, the “Cooperation Revolution” of the last few decades has forced corporate boards and business executives to reassess their individual obligations and risks. In so …

The Legal And Ethical Implications Of Public Pension Reform: Analyzing The New Constitutional Cases, T. Leigh Anenson, Jennifer K. Gershberg

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Corporal Punishment In The United States: Abolishment Under The Civil Rights Act Of 1964, Caroline J. Capili

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Improving New Market Tax Credit Accessibility To Address Food Vulnerability, Zahraa Nasser

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Mass Incarceration & The Minority Vote: The Case For A Federal Ban On Felon Disenfranchisement, Jaylen Amaker, Danielle M. Lyn, Marquan Robertson

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Trust And Distrust Across Constitutional Law, R. George Wright

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Can Continuing Legal Education Pass The Test? Empirical Lessons From The Medical World, Rima Sirota

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Social Movement Theory And The Role Of Qualified Immunity In Increasing Political Violence, Cesar M. Estrada

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Scandal And Due Process: A Canonical Response To The Mccarrick Case, Fr. John P. Kimes

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Faith In Elections, Derek T. Muller

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Evaluating Legal Needs, Luz E. Herrera, Amber Baylor, Nandita Chaudhuri, Felipe Hinojosa

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Vote Dilution And Voter Disenfranchisement In United States History, Luis R. Fraga Phd.

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.