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Legal Ethics and Professional Responsibility Commons

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At Your Service: Lawyer Discretion To Assist Clients In Unlawful Conduct, Paul R. Tremblay 2019 University of Florida Levin College of Law

At Your Service: Lawyer Discretion To Assist Clients In Unlawful Conduct, Paul R. Tremblay

Florida Law Review

The common, shared vision of lawyers’ ethics holds that lawyers ought not collaborate with clients in wrongdoing. Ethics scholars caution that lawyers “may not participate in or assist illegal conduct,” or “giv[e] legal services to clients who are going to engage in unlawful behavior with the attorney as their accomplice.” That sentiment resonates comfortably with the profession’s commitment to honor legal obligations and duties, and to remain faithful to the law. The problem with that sentiment, this Article shows, is that it is not an accurate statement of the prevailing substantive law. The American Bar Association’s (ABA ...


Case Study 3: Movement Lawyers And Community Organizers In Litigation: Issues Of Finances And Collaboration, Paul R. Tremblay, Baher Azmy 2019 Boston College Law School

Case Study 3: Movement Lawyers And Community Organizers In Litigation: Issues Of Finances And Collaboration, Paul R. Tremblay, Baher Azmy

Paul R. Tremblay

This essay represents one of several Case Studies published as the Movement Lawyering Roundtable Symposium by Hofstra Law Review. The Case Studies were developed within a roundtable of movement lawyers, community organizers, and legal ethics experts convened in March, 2018 by the Monroe H. Freedman Institute for the Study of Legal Ethics at Hofstra University’s Maurice A. Deane School of Law. This Case Study addresses the ethical tensions encountered by movement lawyers and community organizers engaged in public interest litigation. The Study consists of three topics, with resulting ethics analyses of the issues that arise in the differing settings ...


Undue Influence: A Prosecutor’S Role In Parole Proceedings, R. Michael Cassidy 2019 Boston College Law School

Undue Influence: A Prosecutor’S Role In Parole Proceedings, R. Michael Cassidy

R. Michael Cassidy

Professor Cassidy explores what it means for a prosecutor to act as a “minister of justice” in the context of parole proceedings. He argues that prosecutors should not perceive themselves as zealous advocates in what is essentially an administrative setting, and that prosecutors should not oppose release simply because they believe that the nature and circumstances of the crime warrant continued incarceration. Rather, Cassidy argues that prosecutors ordinarily should refrain from personally testifying at parole hearings, and should submit written comments to the parole board only in those rare situations where the prosecutor is in possession of otherwise unavailable information ...


Ethics And Methods Of Human Rights Work: Exploring Both Theoretical And Practical Approaches, Shayna Plaut, Maritza Felices Luna, Christina Clark Kazak, Neil Bilotta, Lara Rosenoff Gauvin 2019 Global Reporting Centre

Ethics And Methods Of Human Rights Work: Exploring Both Theoretical And Practical Approaches, Shayna Plaut, Maritza Felices Luna, Christina Clark Kazak, Neil Bilotta, Lara Rosenoff Gauvin

Conference: The Social Practice of Human Rights

This workshop will explore both theoretical and practical approaches to methodologies and ethics as it relates to human rights work.

The goal of the workshop is to create a dynamic space that encourages participants to share and learn from our own experiences navigating the messiness of human rights ethics and methods. We specifically address formal education and systems and structures so that we may all design, do and teach research and practice related to human rights in a more critical and sustainable manner. We recognize the tensions of creating research, programs and advocacy that is seen as “legitimate” to educational ...


The Virtue Of Vulnerability: Mindfulness And Well-Being In Law Schools And The Legal Profession, Nathalie Martin 2019 University of New Mexico - School of Law

The Virtue Of Vulnerability: Mindfulness And Well-Being In Law Schools And The Legal Profession, Nathalie Martin

Faculty Scholarship

This article examines the role of vulnerability in transforming individual relationships, particularly the attorney-client relationship. In this essay, Martin argues that broadening our expressions can improve our client relations and decrease the likelihood that when that inevitable mistake occurs, we will be sued for it. Also, based upon virtue ethics, that practicing vulnerability is also virtuous and thus worthwhile in and of itself.

This essay starts by describing the traits people look for in lawyers as well as evidence that clients often feel that their lawyers are less than human. Then examines how legal education contributes to this problem by ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


The Academic Expert Before Congress: Observations And Lessons From Bill Van Alstyne's Testimony, Neal Devins 2019 William & Mary Law School

The Academic Expert Before Congress: Observations And Lessons From Bill Van Alstyne's Testimony, Neal Devins

Neal E. Devins

No abstract provided.


Solving The Everyday Problem Of Client Identity In The Context Of Closely Held Businesses, Darian M. Ibrahim 2019 William & Mary Law School

Solving The Everyday Problem Of Client Identity In The Context Of Closely Held Businesses, Darian M. Ibrahim

Darian M. Ibrahim

No abstract provided.


Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs 2019 William & Mary Law School

Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs

Nancy Combs

The Office of Thrift Supervision's (OTS) unprecedented enforcement action against Kaye, Scholer, Fierman, Hays and Handler (Kaye Scholer) prompted howls of protest from the legal community. OTS, it was claimed, was using its excessive power to redefine the role of the lawyer. This Comment confirms that OTS sought to impose duties on Kaye Scholer that conflict with professional ethics rules. The Comment then goes on to suggest that the conflict over professional responsibility in the Kaye Scholer case reflects, more fundamentally, a conflict over the role of the citizen, and the citizen's relationship with the state. Our adversarial ...


Selected Recent Ethics Opinions, Lynda L. Butler 2019 William & Mary Law School

Selected Recent Ethics Opinions, Lynda L. Butler

Lynda L. Butler

No abstract provided.


Menendez And America's Public Corruption Problem, Jeffrey Bellin 2019 William & Mary Law School

Menendez And America's Public Corruption Problem, Jeffrey Bellin

Jeffrey Bellin

No abstract provided.


Criminalizing Politics, Jeffrey Bellin 2019 William & Mary Law School

Criminalizing Politics, Jeffrey Bellin

Jeffrey Bellin

No abstract provided.


The Unruliness Of Rules, Peter A. Alces 2019 William & Mary Law School

The Unruliness Of Rules, Peter A. Alces

Peter A. Alces

No abstract provided.


The Challenge Of Convicting Ethical Prosecutors That Their Profession Has A Brady Problem, Adam M. Gershowitz 2019 William & Mary Law School

The Challenge Of Convicting Ethical Prosecutors That Their Profession Has A Brady Problem, Adam M. Gershowitz

Adam M. Gershowitz

In recent decades, both the media and legal scholars have documented the widespread problem of prosecutors failing to disclose favorable evidence to the defense – so called Brady violations. Despite all of this documentation however, many ethical prosecutors reject the notion that the criminal justice system has a Brady problem. These prosecutors – ethical lawyers who themselves have not been accused of misconduct – believe that the scope of the Brady problem is exaggerated. Why do ethical prosecutors downplay the evidence that some of their colleagues have committed serious errors?

This essay, in honor of Professor Bennett Gershman, points to what psychologists have ...


Prosecutorial Shaming: Naming Attorneys To Reduce Prosecutorial Misconduct, Adam M. Gershowitz 2019 William & Mary Law School

Prosecutorial Shaming: Naming Attorneys To Reduce Prosecutorial Misconduct, Adam M. Gershowitz

Adam M. Gershowitz

This Article explores the unfortunately large number of instances in which appellate courts reverse convictions for serious prosecutorial misconduct but do not identify the names of the prosecutors who committed that misconduct. Because judges are reluctant to publicly shame prosecutors whose cases are reversed, this Article advocates that a neutral set of third parties undertake the responsibility of publicly identifying prosecutors who have committed serious misconduct. The naming of prosecutors will shame bad actors, provide a valuable pedagogical lesson for junior prosecutors, and signal to trial judges that certain prosecutors must be monitored more closely to avoid future misconduct.


Panel On Prosecutorial Immunity: Deconstructing Connick V. Thompson, Dane Ciolino, Gary Clements, Bennett L. Gershman, Adam M. Gershowitz, Kathleen Ridolfi, Samuel R. Wiseman, Stephen Singer 2019 William & Mary Law School

Panel On Prosecutorial Immunity: Deconstructing Connick V. Thompson, Dane Ciolino, Gary Clements, Bennett L. Gershman, Adam M. Gershowitz, Kathleen Ridolfi, Samuel R. Wiseman, Stephen Singer

Adam M. Gershowitz

In November 2011, the Journal hosted a symposium on prosecutorial immunity at Loyola University New Orleans College of Law. The symposium included an in-depth analysis of Connick v. Thompson. As part of the symposium, the Journal organized a Panel, the transcript of which follows. This transcript consists of the speakers' remarks along with audience participation and questions. The Journal has attempted to preserve the character and substance of the discussion. While this is not a traditional article, the Journal felt that it would be fitting to include it in its spring volume.


Imputed Liability For Supervising Prosecutors: Applying The Military Doctrine Of Command Responsibility To Reduce Prosecutorial Misconduct, Geoffrey S. Corn, Adam M. Gershowitz 2019 William & Mary Law School

Imputed Liability For Supervising Prosecutors: Applying The Military Doctrine Of Command Responsibility To Reduce Prosecutorial Misconduct, Geoffrey S. Corn, Adam M. Gershowitz

Adam M. Gershowitz

No abstract provided.


The Prosecutor's Ethical Duty To End Mass Incarceration, Angela J. Davis 2019 Selected Works

The Prosecutor's Ethical Duty To End Mass Incarceration, Angela J. Davis

Angela J. Davis

No abstract provided.


The Billable Hours Derby: Empirical Data On The Problems And Pressure Point, Susan Saab Fortney 2019 Texas A&M University School of Law

The Billable Hours Derby: Empirical Data On The Problems And Pressure Point, Susan Saab Fortney

Susan S. Fortney

This Article addresses the frustration with billable hours in large law firms. The Author gathered empirical data to gauge the short and long-term effects of increases in billable hour expectations. An empirical study was conducted in 1999-2000 of associate satisfaction, law firm culture, and billing practices. The Article compares these findings to a 2005 NALP study on billable hours and a Work-Life split. The Article concludes by considering what forces and players will change the current course of conduct in which law firm leaders treat increases in billable hours expectations as a necessary evil. The studies show the costs and ...


Online Legal Document Providers And The Public Interest: Using A Certification Approach To Balance Access To Justice And Public Protection, Susan Saab Fortney 2019 Selected Works

Online Legal Document Providers And The Public Interest: Using A Certification Approach To Balance Access To Justice And Public Protection, Susan Saab Fortney

Susan S. Fortney

No abstract provided.


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