Legal Ethics & Professional Responsibility eJournal最新文献

Unit 2: Ethics in Advising Small Businesses (Open-access book Entrepreneurship Law: Company Creation) 第二单元:为小企业提供咨询的道德规范(开放获取书籍《创业法:公司创建》)

Legal Ethics & Professional Responsibility eJournal Pub Date : 2021-04-28 DOI: 10.2139/ssrn.3836162

Samantha J. Prince

引用次数: 0

Straw Person Jurisprudence 稻草人法理学

Legal Ethics & Professional Responsibility eJournal Pub Date : 2019-07-28 DOI: 10.2139/ssrn.3431951

Wolfgang P. Hirczy de Mino

{"title":"Straw Person Jurisprudence","authors":"Wolfgang P. Hirczy de Mino","doi":"10.2139/ssrn.3431951","DOIUrl":"https://doi.org/10.2139/ssrn.3431951","url":null,"abstract":"Under the Standards for Appellate Conduct, Texas attorneys are admonished not to attribute to opposing counsel a position not taken. See Lawyers' Duties to Lawyers, ¶9. (“Counsel will neither ascribe to another counsel or party a position that counsel or the party has not taken.”). But what if an appellate justice does this herself? -- Imputes upon a represented appellant a position not taken, and then knocks it down and resolves the appeal against that party? Or puts her stamp of approval on her law clerk’s strawman-whacking handiwork? Is that a violation of professional standards, given that both the authoring justice and the law clerk are Texas attorneys? Is it merely a matter of setting a bad example? Or does it, perhaps, establish a new precedent for the legitimate use of strawman-type reasoning as a justificatory stratagem in the disposition of appeals, in which the higher court must render an opinion explaining the reasons for its decision? Rather than venturing an answer at this point of the appellate game, this commentator urges by way of amicus letter brief that Kem Thompson Frost, Chief Justice of the Court of Appeals for the 14th Appellate District of Texas, revisit her panel’s opinion, and reconsider the rationale belabored to affirm the judgment for American Express Bank, FSB, a federal savings bank that incidentally no longer even exists, as it has been merged into American Express National Bank. Case cite: SAMEERA ARSHAD and ALMORFA, LLC, v. AMERICAN EXPRESS BANK, FSB, No. 14-17-00676-CV (Tex.App.-Houston [14th Dist.] July 25, 2019, no pet. h.).","PeriodicalId":318823,"journal":{"name":"Legal Ethics & Professional Responsibility eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116265652","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Self-Selection into Corrupt Judiciaries 自我选择成为腐败的司法机构

Legal Ethics & Professional Responsibility eJournal Pub Date : 2019-05-30 DOI: 10.2139/ssrn.3651425

J. Gans-Morse

引用次数: 3

Disclosing the Danger: State Attorney Ethics Rules Meet Climate Change 揭露危险:州检察官道德规则应对气候变化

Legal Ethics & Professional Responsibility eJournal Pub Date : 2019-02-22 DOI: 10.2139/ssrn.3340130

V. Flatt

{"title":"Disclosing the Danger: State Attorney Ethics Rules Meet Climate Change","authors":"V. Flatt","doi":"10.2139/ssrn.3340130","DOIUrl":"https://doi.org/10.2139/ssrn.3340130","url":null,"abstract":"This article suggests a novel concept in climate change law and attorney ethics law by proposing that many states’ attorney ethics laws could be interpreted to require, or at least permit, attorneys to disclose client activity relating to greenhouse gas emissions. Every state has some form of ABA Model Rule 1.6(b), either requiring or allowing attorneys to disclose client activities that result in death or substantial bodily harm. This article asserts that prior precedent surrounding this disclosure rule indicates that it could be applicable to greenhouse gas emissions. Attorney disclosures in turn, could impact a wide swath of greenhouse gas emission activity, making it more transparent, and in certain cases requiring attorneys to counsel cessation of such activities or withdraw from representation. Because there is growing climate activism seeking to use all legal tools to slow or stop greenhouse gas emissions, this attorney ethics issue could be a strategic tool to try and control greenhouse gas emissions activities. Thus attorneys from the private sector to government should be aware of the potential ethical issues they face in handling greenhouse gas related legal work.","PeriodicalId":318823,"journal":{"name":"Legal Ethics & Professional Responsibility eJournal","volume":"402 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131693741","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Criminal Lawyers - Not the Defense Kind: The Strange Case of Shawn Andrea Little 刑事律师——不是辩护律师:肖恩·安德里亚·利特尔的奇怪案件

Legal Ethics & Professional Responsibility eJournal Pub Date : 2018-02-19 DOI: 10.2139/ssrn.3126465

T. Ealey

引用次数: 0

Policy Proposal for the Regulation of Legal Defense Funds Under New York City Laws 纽约市法律下法律辩护基金监管的政策建议

Legal Ethics & Professional Responsibility eJournal Pub Date : 2017-07-06 DOI: 10.2139/ssrn.3150381

M. Halberstam, S. Lerner, Daniel Myerson

引用次数: 0

Ethics Rules Lawyers Should Remember 律师应该牢记的道德准则

Legal Ethics & Professional Responsibility eJournal Pub Date : 2017-05-25 DOI: 10.2139/SSRN.2874398

Herrick K. Lidstone

引用次数: 0

Mutually Assured Protection Among Large U.S. Law Firms 美国大型律师事务所之间的相互保证保护

Legal Ethics & Professional Responsibility eJournal Pub Date : 2017-02-19 DOI: 10.2139/ssrn.2820654

T. Baker, Rick Swedloff

{"title":"Mutually Assured Protection Among Large U.S. Law Firms","authors":"T. Baker, Rick Swedloff","doi":"10.2139/ssrn.2820654","DOIUrl":"https://doi.org/10.2139/ssrn.2820654","url":null,"abstract":"Large law firms in the U.S. rely heavily on lawyers-only mutual insurers to manage their malpractice risks. Yet, under classic economic theory, mutual insurers should not be able to compete with stock insurers, at least absent a market failure. Mutuals have less access to capital and thus less ability to spread risk. Also, mutuals demand much more law firm partner time. Our research into the lawyers’ professional liability (LPL) insurance market makes three contributions. First, while we find evidence consistent with the traditional explanations for mutual insurance — market failures related to moral hazard and adverse selection and a problem with long-term contracting, we also provide a new autonomy explanation. Many lawyers, and presumably other professionals, perceive that mutual insurance promotes professional independence in the face of the social control imposed by liability and insurance. Second, we crack open the windows on a secretive aspect of law firm risk management, revealing the variable, hybrid nature of LPL mutual insurance arrangements. Third, we reframe the scholarly understanding of the relationship between organizational forms. The corporate law and insurance literature typically views mutual and stock insurers solely as competitors. We show that they also play complementary roles, as all of these mutual insurers engage extensively with commercial insurers through reinsurance or excess insurance. At least in this context, mutual insurance is not an alternative to stock insurance, but rather a way to manage access to the powerful risk distributing potential of stock insurance. Indeed, the availability of mutual insurance may favorably affect the behavior of stock insurance companies even outside of their relationships with the mutual insurers. Accordingly, our research suggests that lawyers’ participation in their mutual insurers provides benefits not only to their firms, but also to the legal profession.","PeriodicalId":318823,"journal":{"name":"Legal Ethics & Professional Responsibility eJournal","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134237330","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Corporate Lawyer-Client Relationships: Bankers, Lawyers, Clients and Enduring Relationships 公司律师与客户关系:银行家、律师、客户和持久关系

Legal Ethics & Professional Responsibility eJournal Pub Date : 2016-06-04 DOI: 10.2139/SSRN.962725

J. Flood

引用次数: 0

Norwegian Lawyers and Political Mobilization: 1623-2015 挪威律师与政治动员:1623-2015

Legal Ethics & Professional Responsibility eJournal Pub Date : 2016-06-03 DOI: 10.2139/ssrn.2789729

M. Langford

{"title":"Norwegian Lawyers and Political Mobilization: 1623-2015","authors":"M. Langford","doi":"10.2139/ssrn.2789729","DOIUrl":"https://doi.org/10.2139/ssrn.2789729","url":null,"abstract":"Do Norwegian lawyers mobilize only to enhance their privileges and prestige? Or do they also engage in collective action for more noble ends? Contrary to materialist approaches, the theory of the ‘legal complex’ predicts that the legal profession will struggle as an entity for ‘political liberalism’ – a moderate state with basic civil rights and freedoms. This presents a paradox for the Nordic countries. Lawyers are not especially visible in the public sphere yet political liberalism is more deeply entrenched than elsewhere. If correct, this suggests either a case of Nordic exceptionalism or a problematic theory. This paper focuses on Norway. Beginning with the emergence of lawyers in the 1600s, it traces the legal profession’s engagement with the development and defense of political liberalism. This is complemented by a quantitative content analysis of interventions by the Advokatforeningen (law society). The paper argues that the results should prompt us to rethink legal complex theory more generally. The legal profession will only mobilize broadly for political liberalism when: (1) committed individual lawyers are able to overcome collective action dilemmas in the profession and (2) lawyer-centric forms of mobilization are viewed as less costly or more appropriate than the alternatives.","PeriodicalId":318823,"journal":{"name":"Legal Ethics & Professional Responsibility eJournal","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132435659","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1