Can Courts Require Civil Conduct?,
2016
Dorsey & Whitney, LLP
Can Courts Require Civil Conduct?, Justice Douglas S. Lang, Haleigh Jones
St. Mary's Journal on Legal Malpractice & Ethics
There is considerable controversy on the question of whether courts can require civil conduct by lawyers, not just in Texas but across the country. To answer that question, it must be determined whether lawyer civility is at least impliedly part of the court and disciplinary rules or whether “civility” is only part of the professionalism creeds and merely “aspirational.” This Article attempts to answer this by discussing three viewpoints on enforcing civility. Further, it argues for honest recognition of the multitude of concerns about incivility and asserts that the legal profession must cultivate an increase in the spirit of civility …
Avoiding Grievances: 25 Things You Can Do,
2016
St. Mary's University
Avoiding Grievances: 25 Things You Can Do, David Bright
St. Mary's Journal on Legal Malpractice & Ethics
Despite the high probability lawyers face of having grievances filed against them, there are best practices a lawyer can follow to lower the risk of facing a charge. The purpose of this Essay is to identify the most common situations that give rise to grievances against conscientious, skilled lawyers; to suggest ways that those lawyers can avoid grievances; and to suggest a sensible approach for practitioners facing a grievance.
Weathering The Worst Storm: How Attorneys Might Successfully Defend Their Reputation Against Attack From The Bench,
2016
St. Mary's University
Weathering The Worst Storm: How Attorneys Might Successfully Defend Their Reputation Against Attack From The Bench, Giel Stein
St. Mary's Journal on Legal Malpractice & Ethics
Based on the author’s personal experience with a judicial referral to a professional responsibility authority, this Essay offers lawyers a strategy to emerge from such an ordeal undisciplined. The essence of the strategy, which can be applied to a bar authority referral from any source, is to treat the process of defending oneself under such circumstances as a negotiation with bar authority counsel. The benefits of approaching such referrals as a negotiation and following the advice of Robert Fisher and William Ury about the importance of preparation, active listening, separating the people from the problem, and being hard on the …
An Analysis Of Austin Lawyers Guild V. Securus Technologies, Inc.: The Constitutional And Ethical Implications Of Using Illegally Recorded Attorney–Client Telephone Conversations As Derivative Evidence,
2016
St. Mary's University
An Analysis Of Austin Lawyers Guild V. Securus Technologies, Inc.: The Constitutional And Ethical Implications Of Using Illegally Recorded Attorney–Client Telephone Conversations As Derivative Evidence, Christina Santos
St. Mary's Journal on Legal Malpractice & Ethics
For the justice system to operate effectively, privileged communications between an attorney and his or her client should be afforded the utmost and strictest protections. Intrusion by law enforcement upon these communications severely diminishes the confidence and candor needed in the attorney-client relationship. Although the United States Supreme Court recognizes prosecutorial immunity and generally leaves prosecutorial discipline to state bar authorities, the Court has long held that the attorney-client privilege is needed for attorneys to effectively advocate on behalf of their clients.
Austin Lawyers Guild v. Securus Technologies, Inc., a civil class-action lawsuit, is currently pending before the United …
Introducing The University Of Richmond Law Review Online Edition,
2016
University of Richmond School of Law
Introducing The University Of Richmond Law Review Online Edition, P. Thomas Distanislao Iii, Carter Nichols
University of Richmond Law Review
No abstract provided.
Practical Tips For Placing And Publishing Your First Law Review Article,
2016
Senate Committee on the Judiciary
Practical Tips For Placing And Publishing Your First Law Review Article, Robert Luther Iii
University of Richmond Law Review
No abstract provided.
The Constitutional Limits Of Client-Centered Decision Making,
2016
Syracuse University College of Law
The Constitutional Limits Of Client-Centered Decision Making, Todd A. Berger
University of Richmond Law Review
No abstract provided.
Book Review. "But I Know It When I See It": Natural Law And Formalism,
2016
University of Richmond School of Law
Book Review. "But I Know It When I See It": Natural Law And Formalism, W. H. Bryson
University of Richmond Law Review
No abstract provided.
Navigating Some Deep And Troubled Jurisprudential Waters: Lawyer–Expert Witnesses And The Twin Dangers Of Disguised Testimony And Disguised Advocacy,
2016
Indiana University
Navigating Some Deep And Troubled Jurisprudential Waters: Lawyer–Expert Witnesses And The Twin Dangers Of Disguised Testimony And Disguised Advocacy, W. William Hodes
St. Mary's Journal on Legal Malpractice & Ethics
Expert testimony is indispensable to the uniquely American system of adversary justice. Without the assistance of expert witnesses with specialized knowledge, based on either science or experience and practice, jury verdicts would often be the result of pure whim and prejudice, or random and arbitrary decision-making. At the same time, the use of compensated, partisan expert witnesses poses significant dangers to the fair and just determination of disputes. This Article examines the enhanced dangers that can appear when the expert witness is a lawyer, chiefly the pervasive use of “disguised testimony” and “disguised advocacy.” The Article concludes with some suggestions …
Legal Marketing Through The Decades: Pitfalls Of Current Marketing Trends,
2016
Bradley University
Legal Marketing Through The Decades: Pitfalls Of Current Marketing Trends, Tanya M. Marcum, Elizabeth A. Campbell
St. Mary's Journal on Legal Malpractice & Ethics
Historically, states did not place restrictions on advertising by professionals; it was not until the beginning of the twentieth century that jurisdictions began to enact prohibitions on marketing of professional services. Eventually, the U.S. Supreme Court recognized the right of professionals to advertise their services and has continued to define the right in the decades since. While lawyers have long advertised in traditional media, such as billboards and television, thanks to the exploding popularity of social media websites like Facebook and Twitter, the available platforms lawyers may use to market their services will continue to multiply.
New and creative approaches …
Clearing The Smoke: The Ethics Of Multistate Legal Practice For Recreational Marijuana Dispensaries,
2016
St. Mary's University
Clearing The Smoke: The Ethics Of Multistate Legal Practice For Recreational Marijuana Dispensaries, Eric Mitchell Schumann
St. Mary's Journal on Legal Malpractice & Ethics
With many firms practicing in multiple states, a lawyer could represent a marijuana dispensary in a legalized state while practicing in a state, like Texas, which continues to criminalize the drug. This raises a question of whether Texas attorneys who make the bold attempt to assist a company that sells marijuana violate the rules of professional responsibility.
In Section II, this Comment examines the background of the criminalization of marijuana and looks into the movement to liberalize the laws surrounding it. Section III analyzes the rules of professional conduct in Texas and in Colorado to determine what a lawyer in …
The Teaching Of International Law,
2016
Yale Law School
The Teaching Of International Law, Myres S. Mcdougal
Georgia Journal of International & Comparative Law
No abstract provided.
The Teaching Of International Law,
2016
University of Oxford
The Teaching Of International Law, Ian Brownlie
Georgia Journal of International & Comparative Law
No abstract provided.
The Teaching Of International Law,
2016
University of Georgia School of Law
The Teaching Of International Law, Kenneth R. Simmonds
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Policy And The Government Legal Adviser,
2016
Foreign and Commonwealth Office
Foreign Policy And The Government Legal Adviser, Henry Darwin
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Policy And The Government Legal Adviser,
2016
Johns Hopkins University
Foreign Policy And The Government Legal Adviser, Stephen M. Schwebel
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Policy And The Government Legal Adviser,
2016
University of Georgia School of Law
Foreign Policy And The Government Legal Adviser, Joyce Gutteridge
Georgia Journal of International & Comparative Law
No abstract provided.
The Function Of The International Court Of Justice In The World Community,
2016
University of Georgia School of Law
The Function Of The International Court Of Justice In The World Community, Ernest A. Gross
Georgia Journal of International & Comparative Law
No abstract provided.
The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes,
2016
Cambridge University
The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Robert Y. Jennings
Georgia Journal of International & Comparative Law
No abstract provided.
The Place Of Policy In International Law,
2016
Princeton University
The Place Of Policy In International Law, Richard A. Falk
Georgia Journal of International & Comparative Law
No abstract provided.
