Tuesday, May 20, 2008

Prosecution of KPMG Employees By Denying Counsel, and The History of Night Legal Education

Posted by Alan Childress

Two recent items over at TaxProf are worth noting for readers particularly interested in ethics and the legal profession:

1.  Link and abstract for a new article in T.M. Cooley Law Review by Charles Doskow and Kevin Marshall at La Verne, on "the DOJ's conduct with respect to its interference with the right to counsel of KPMG's individually targeted employees. We analyze such conduct from (1) a constitutional perspective; (2) a Kpmg professional-responsibility perspective; and (3) an efficiency perspective..."  It is called Prosecutorial Interference with the Right to Counsel and the KPMG Prosecution, and so far appears only e-available as a Westlaw download.  There were some good posts here (and here) at White Collar Crime Prof Blog by Ellen Podgor (HT to Legal Ethics Forum here) on this issue.  The Judge found the DOJ actions "outrageous and shocking" in interfering with the employees' access to counsel.

2.  Abstract and SSRN info (linked again here) on a new article by Jeff's colleague Michael Rustad at Suffolk, and Thomas Koenig at Northeastern, which is "a social history of the struggles of Boston's nontraditional students to break into the legal profession by studying in evening law schools. Suffolk Evening Law School was founded in 1906 as a counter-hegemonic institution, explicitly dedicated to the democratization of legal education by challenging the pedagogy and recruitment practices of Harvard and the other elite day schools."  It is called A Hard Day's Night: Hierarchy, History & Happiness in Legal Education, and just came out in Syracuse Law Review.

http://lawprofessors.typepad.com/legal_profession/2008/05/prosecution-of.html

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