Monday, July 18, 2011
Bibliography of recent scholarship on the legal profession - Part 1
This bibliography is taken from an article called "Recent Law Review Articles Concerning the Legal Profession" by a law student named Bobby Click and can be found at 35 J. Legal Prof. 173 (2010).
1. The Legal Profession:
John M. Burman, Ethics for Lawyers Who Represent Governmental Entities as Part of Their Private Practices, 10 WYO. L. REV. 357 (2010). This article focuses on the ethical rules that apply to attorneys who represent government entities in their private practice as opposed to rules that apply to attorneys who are employed by the government.
Mathilde Cohen, Sincerity and Reason-Giving: When May Legal Decision Makers Lie?, 59 DEPAUL L. REV. 1091 (2010).
Kim Diana Connolly, Navigating Tricky Ethical Shoals in Environmental Law: Parameters of Counseling and Managing Clients, 10 WYO. L. REV. 443 (2010). This article focuses on the Model Rules of Professional Conduct, specifically Rules 2.1 and 1.6, and how those rules apply to attorneys who practice environmental law.
Nathan M. Crystal, Ethical Responsibility and Legal Liability of Lawyers for Failure to Institute or Monitor Litigation Holds, 43 AKRON L. REV. 715 (2010). In this article the author discusses the ethical and legal basis for disciplining lawyers who fail to initiate or implement litigation holds in relation to electronically stored information.
Gregory M. Duhl, The Ethics of Contract Drafting, 14 LEWIS & CLARK L. REV. 989 (2010). This article explores the ethical obligations and duties lawyers may have to third parties when drafting contracts.
Shelby D. Green & Temisan Agbeyegbe, The Improvident Real Estate Deal: The Lawyer's Ethical Duty to Warn, 39 REAL EST. L. J. 147 (2010).
Steven J. Johansen, Was Colonel Sanders a Terrorist? An Essay on the Ethical Limits of Applied Legal Storytelling, 7 J. ASS'N LEGAL WRITING DIRECTORS 63 (2010). This article explores the characteristics of storytelling and concerns that applied legal storytelling is unfairly manipulative. [*174]
Justice Marilyn S. Kite, The Good Guy Actually Does Win, 10 WYO. L. REV. 397 (2010).
Charles M. Kidd, 2009 Survey of the Law of Professional Responsibility, 43 IND. L. REV. 919 (2010). This article offers an overview of a number of recent Indiana Bar disciplinary actions that deal with the legal profession. These actions include advertising, limited liability entities, and "imputed status" for law firms.
Renee Newman Knake, Prioritizing Professional Responsibility and the Legal Profession: A Preview of the United States Supreme Court's Term 2009-2010 Term, 5 DUKE J. CONST. L. & PUB. POL'Y SIDEBAR 1 (2010). This article discusses the increased attention the United States Supreme Court has been recently giving to cases that involve the ethical obligations and legal duties of attorneys. Specifically, the article offers an overview of such cases the Supreme Court has on its docket for the 2009-2010 term.
Renee Newman Knake, The Supreme Court's Increased Attention to the Law of Lawyering: Mere Coincidence or Something More?, 59 AM. U. L. REV. 1499 (2010). The author provides a comprehensive overview of cases decided by the Supreme Court, which deal with the access to lawyers, legal advice, and the harm done by lawyers.
Katherine R. Kruse, Beyond Cardboard Clients in Legal Ethics, 23 GEO. J. LEGAL ETHICS 103 (2010). This article focuses on the issues created by the use of "cardboard clients" - one dimensional figures who are only concerned with maximizing their legal and financial interests - in legal ethics. The author also discusses possible alternatives that could be used to solve such issues.
Ariana R. Levinson, Legal Ethics in the Employment Law Context: Who is the Client?, 37 N. KY. L. REV. 1 (2010).
Tracy Walters McCormack & Christopher John Bodnar, Honesty is the Best Policy: It's Time to Disclose Lack of Jury Trial Experience, 23 GEO. J. LEGAL ETHICS 155 (2010). This article discusses the potential injury to clients who are unaware of litigators' diminishing jury trial experience and skills. The authors also discuss the possible obligations an attorney should have to disclose their lack of experience.
Mika C. Morse, Honor or Betrayal? The Ethics of Government Lawyer-Whistleblowers, 23 GEO. J. LEGAL ETHICS 421 (2010). The author examines the limited protection offered to government whistleblower lawyers. He also examines the additional constraints government lawyers face because of their professional and ethical obligations.
Nancy M. Olson, Judicial Elections and Courtroom Payola: A Look at the Ethical Rules Governing Lawyers' Campaign Contributions and the Common Practice of "Anything Goes", 8 CARDOZO PUB. L. POL'Y & ETHICS J. 341 (2010). This article discusses judicial campaign contribu [*175] tions made by lawyers and what ethical rules may be relevant to such contributions.
Julie A. Oseid & Stephen D. Easton, The Trump Card: A Lawyer's Personal Conscience or Professional Duty, 10 WYO. L. REV. 415 (2010). This article consists of an exchange between two professors of law. The exchange focuses on whether an attorney has a professional obligation to act in ways that are contrary to their conscience or if it is ethical for attorneys to influence their clients in order to avoid these types actions.
Dakota S. Rudesill, Closing the Legislative Experience Gap: How a Legislative Law Clerk Program Will Benefit the Legal Profession and Congress, 87 WASH. U. L. REV. 699 (2010). In this article the author presents arguments in favor of House Bill 151 and Senate Bill 27 - legislature that would create a law clerk program with the United States Congress. William H. Simon, Role Differentiation and Lawyers' Ethics: A Critique of Some Academic Perspectives, 23 GEO. J. LEGAL ETHICS 987 (2010).
A. Benjamin Spencer, The Restrictive Ethos in Civil Procedure, 78 GEO. WASH. L. REV. 353 (2010). This article examines modern civil procedures the author contends are being developed and interpreted in a restrictive manner. The author then argues such restrictions limit the ability of claimants to have their cases decided on merits instead of technicalities.
David H. Tennant & Lauren M. Michals, Mixing Business with Ethics: The Duty to Malpractice by Trial Counsel, 20 NO. 1 PROF. LAW. 3 (2010). This article discusses the conflict of interest appellate attorneys may face in reporting malpractice by trial attorneys when such reporting may adversely affect the amount of business referred to the appellate attorney.
Alice Woolley & W. Bradley Wendel, Legal Ethics and Moral Character, 23 GEO. J. LEGAL ETHICS 1065 (2010).
Fred C. Zacharias, Steroids and Legal Ethics Codes: Are Lawyers Rational Actors?, 85 NOTRE DAME L. REV. 671 (2010). This article focuses on the ethical regulations that address conduct in which lawyers must accommodate client demands against the potentially contrary interests of clients, courts, specified third parties, or society as a whole.