Search

The article discusses the definition of civility within the legal profession. Topics covered include the difference between zealous advocacy and acting without civility, some examples of incivility within the legal profession, and guidance on how best to handle disagreements or aggressive communications with clients, opposing counsel, and outside parties. Also discussed is how the shift toward remote proceedings during the COVID-19 pandemic has created incivility in email communications.

The article provides information on Missouri's Lawyer Disciplinary System's Rule 5, which outlines the procedure for handling complaints against lawyers for alleged violations of professional conduct. It explains the revised rule's primary provisions, including the substantive changes, and mentioning the role of the Advisory Committee, the chief disciplinary counsel,etc., in carrying out the responsibilities related to the provisions of ethical Rule 4, Rule 5, and Rule 6.

The article looks at the nee of incentivizing lawyers to improve the professionalism and conduct of lawyers in the U.S. Topics discussed include differences among the professionalism creeds, the model rules, and ethics opinions in the country; ways the courts and bar associations can make their professionalism creeds more effective; and implied and direct incorporation in the rules of professional conduct.

There is no ‘international bar’ that regulates the practice of forensic advocacy before international courts and tribunals. The lack of common ethical standards for representatives before international courts and tribunals has become increasingly topical, particularly in the field of investment arbitration. Initiatives by such professional organizations as the International Law Association and the International Bar Association to identify universal ethical principles suggest that there is a body of opinion amongst practitioners who believe that common ethical standards are necessary. However, the topic remains virgin territory in relation to the European Court of Justice and the European Court of Human Rights. This article examines the historical evolution of the representation before the Courts and the procedural and ethical problems concerning representatives that have arisen in practice. It concludes that, far from being a topic of only theoretical interest, there have been considerable problems in practice arising from questionable professional conduct by representatives and conflicting national standards. It suggests that the absence of a prescribed code of conduct setting out the Courts’ precise standard for representatives is a threat to the Courts’ procedural integrity and legitimacy. It proposes that the Council of Bars and Law Societies of Europe take the lead in drafting a code of conduct for the European Courts, in consultation with their judiciaries, which could subsequently be adopted by the Courts and integrated into national codes of conduct. [ABSTRACT FROM PUBLISHER]

In the Seventeenth Annual Justice William J. Brennan, Jr. Lecture on State Courts and Social Justice, Paul J. De Muniz, Chief Justice of the Oregon Supreme Court, discusses the challenges confronting state judiciaries in the face of economic crises and corresponding state budget cuts. Chief Justice De Muniz urges state court leaders to adopt the concept of reengineering to overhaul antiquated court management processes in favor of more efficient alternatives. Drawing from the Oregon state judiciary's own efforts, Chief Justice De Muniz identifies court governance structures, case administration, essential court functions, and leadership as key targets in any successful reengineering endeavor. [ABSTRACT FROM AUTHOR]

The article presents information on the rules related to professional conducts based focusing on the situation wherein lawyer spouses are on the opposite sides of a trial counsel. The violation of legal ethics and the need of avoiding inadvertent breaching of client confidentiality are discussed in detail. A discussion is presented on the development of model rules in such situations, the inadequacy in laws and the discrepancies in the related case laws. A suggestion is provided related to the need of amendments in these rules focusing on legal ethics.

The article discusses aspects of the justice system reform and legal ethics in Japan. It provides an overview of the disciplinary system for attorneys, or bengoshi, in the nation. It examines situations to prove that there is no relationship between the increasing number of bengoshi and an increase in ethical concerns. It presents analysis on the statistical data on the nation's disciplinary requests and cases. It also investigates whether there is an over-supply of bengoshi in the nation and examines the impact of slowing bengoshi number's pace on the access to justice.

An essay on the role of apologies in the professional ethics of lawyers is presented. The author describes the meaning of apologies and discusses the challenges when it is brought into the legal practice. She examines the professional discipline character test of lawyers and its critics. She also explains her differentiation between character and ethical awareness and how apologies may have a legitimate role in lawyers' disciplinary decisions.

The article focuses on the significance of independence on the ethical practice of lawyers in common law countries, such as Australia, Great Britain and the U.S. It provides a discussion on a number of situations wherein a lack of independence is noted in the actions of in-house lawyers. It explores various ways on how independence is analysed in the wider literature in order to make clearer view of the key ideas behind independence. It outlines the four concepts for delivering independent advice including capacity, which is argued as the most important, power, status and relational barriers. It then examines the four elements against a series of cases that have defined independence for the purpose of privilege claims involving in-house lawyers.

The article discusses the legal process of a court case California-based Chevron Corp. v. Natural Resources Defenses Council. It argues that Chevron should follow a one-step process in spite of the prominence of the court's review of the two-step framework. The author suggests that there are two questions the court should address as it reviews the interpretation of a statue by an agency such as the allowable state on the merits from the agency's structure of the act. It concludes that the Chevron case should not be pushed into adhering to the original text of the legal notions but rather it should simplify as a matter with no guaranteed cost and only with a one-step process.

The article discusses the structural organization of law to provide better understanding when interpreting, reading, and working with law in litigation and transactions. It notes that organizing law at micro and macro levels is deemed important to perform properly the major tasks in working with law. It states that a legal rule consists of elements and consequences which describe a required type of fact for the rule to apply. Illustrations showing the elements of trespass to land and subdivisions to elements are provided to understand and remember a legal rule.

The article focuses on legal etiquette and the importance of professionalism and civility. Particular attention is given to the attributes of incivility, such as personal attacks, hostility, and obstructionist behavior. Examined are the boundaries of civility. Cited are several examples of incivility, such as cases involving obstructive depositions, coercion and threats, and groundless accusations.

The article revisits the Proposed Advisory Opinion 02-9 of the Florida Bar Association's Professional Ethics Committee in the light of the recent amendment to Rule 4-1.5 of the Florida Rules of Professional Conduct, effective March 1, 2008. The amendment authorizes the use of pre-dispute agreements which requires arbitration of fee disputes. The article also recites the reasons underlying the decision of the Board of Governors of the Florida Bar to withdraw the proposed opinion.

The article presents several case studies which suggest that the making of a great lawyer partly depends on how he conducts his judicial judgments or his practice style. It highlights on lawyers' effective approaches to the legal practice that really matters with the intention to advance in the mega-law profession. It implies that flexibility in practice style is considered a resemblance of being an ordinary lawyer which is proven to be counter-intuitive.

The parties in the case, Actions and exceptions, the introduction of the case, citatione, litis contestatione, litis instancia. [ABSTRACT FROM AUTHOR]

The article offers information on how to control courtroom disorder, disruptive defendants and insubordinate counsel in war crime trials following the chaotic proceeding of Dujail trial, a case against Saddam Hussein, Iraq's former leader, and his co-defendants. It examines some of the history's previous messy trials and the tactics that judges have employed with different level of success to respond against disruptive conduct by trial participants. It describes the strategies employed by judges who handled the Dujail trial and investigates why they were not largely successful. In addition, a detailed suggestion on how to maintain order in future war crime trials is presented.

In clinical classes, students should learn that working toward social justice in their practice is both good and possible. After looking at the ABA Model Rules of Professional Conduct's lack of a clear definition of social justice and the way that this can hamper teaching students about social justice, this paper looks at social justice definitions from other professions and how social work in particular has demanded that their definition of social justice be actualized in practice. Discussing social work's ‘empowerment approach,’ the paper describes the way it develops social work's definition of social justice and demands that social workers practice toward it. The paper suggests ways that we can adapt the empowerment approach to law practice so that our students will develop a strong sense of social justice toward which they can strive and by which they can evaluate their work. [ABSTRACT FROM AUTHOR]

The article discusses the practice of judicial ethics and judicial settlements in dispute resolution. It is perceived that the adoption of the ethical rules in the judicial conduct outsets judicial behavior that might result to the risk of non-compliance of attorneys, clients and judges. It calls for the boundaries of judicial intervention to free negotiation settlements of attorneys. It also recommends that judicial settlements should be conducted in an understandable and competent manner.

The article discusses the proper seating arrangement of the criminal defendant in the court. This became the subject of legal argument when lawyer Michael Ramsey requested seats for himself and his client closest at the jury box and directly across from the witness stand. The U.S. Attorney, however, argued that every criminal defendant should sit at the table farthest from the jury. To resolve the conflict, the seating arrangements was placed within the discretion of the trial judge.

This article focuses on reasons and related arguments behind the concealment of religious values in judicial decision-making. To most observers of the American legal system, the absence of overt religious language or reasoning in judicial decision-making is unremarkable. The author argues that a judge's religious beliefs, premises, or worldview, far from being easily or actually divorced from the judge's decisional processes, likely do influence these processes, even if religion is not explicitly invoked and despite judicial efforts to the contrary. This understanding, in turn, gives rise to the possibility that both the presence and the operation of religious influences in the judicial process are, to varying degrees, effectively concealed. Some of the major causes of concealment, described here, are: authority, relevance, competence, and non-establishment. All these causes have been analyzed considering constitutional, institutional, jurisprudential, psychological, and cultural factors.

Deals with the complete disuse of contra as an available introductory signal by courts, lawyers and law review editors in the United States (US) in accordance with the 16th edition of the `Blue Book.' Impact on the American legal culture; Use of contra in the US Supreme Court; Power of contra in court cases.

Examines the conduct of lawyers and other ethical issues arising out of negotiations between the lawyer and the unrepresented poor client and their implication to the credibility of the United States legal system. Effects of counseling prohibition to lawyer negotiations conduct; Presence of impermissible lawyer behavior in `poor people's courts'; Responses to restrictions.

The article focuses on the constitutional regulation of contempt of court. The courts of several states have realized that self-preservation demands the resistance of every legislative encroachment upon the historical judicial prerogative of inflicting penalties for contempt. The Constitution of the U.S. provides that the judicial power of the U.S. shall be vested in one Supreme Court and in such inferior courts as the U.S. Congress may from time to time establish. The inherent power of courts to punish for contempt has been recognized by the Supreme Court.

This article presents information related to contempt of court. Every ground which exists for entrusting power to a body of men is a ground also for erecting safeguards against their abuse of the authority confided to them. This is true in a special measure of the judiciary in the modern state. It is, however, one thing to make the judge secure; it is another thing to protect him from just comment by the citizen-body. Everyone can see that for the proper performance of judicial work it is necessary to prevent such interference with justice as is exemplified by the interruption of a court proceeding or the comment upon a case while it is still under discussion. Contempts of this kind are properly forbidden and promptly punished. So to act is essential to the fairness and dignity of judicial proceedings.

Presents procedures for trying contempt in the federal courts in the U.S. Consequences of a contempt order; Procedural rights in the trial of contempt; Proceedings of multiple contempt.

Comments on the ethical issue concerning the restriction of a former government lawyer to prosecute claims against the government in the U.S. Doubts about the conflict-of-interest in relation to the Canons of Professional Ethics; Rules formulated by the courts regarding the issue; Liability of a former government lawyer to the rules of imputed knowledge.

Looks at a proposal to legalize the secondary boycott. Basis of unlawful conduct; Impact of secondary boycott on legal proceedings; Sanctions for secondary boycott.

An introduction is presented in which the President of the Tennessee Bar Association (TBA) discusses various aspects of civility in the legal profession, focusing on the TBA's Civility Initiative series of public programs which will run from October 16, 2012 until February 21, 2013.

The article offers information on several scenarios wherein lawyers are involved in an unethical conduct. One scenario talks about the admonition order of discipline against an attorney for several violations including conflict of interest, declining or terminating representation, and misconduct. Another scenario discusses the public reprimand order of discipline against a lawyer for violation in diligence, communication, and safekeeping property.

The article discusses considerations in examining a case and assuring that the verdict is justifiable and legal. It is stressed that investigation is the most essential part in examining a case and should assure that there is a reasonable relationship between the symptoms complained and the condition underlying the cause of action. It is added that opinion is merely an idea that is not yet proven and needs further understanding.

The article presents the disciplinary structure and process that governs ethical behavior of attorneys licensed in Tennessee. It explores the role of committees and hearing panels in each disciplinary district. It provides an overview of disciplinary district committees and hearing panels and it explains how these committees function in the disciplinary process.

Presents a list of lawyers placed under disciplinary actions in Florida. Decision of the Supreme Court to suspend 27 attorneys; Addresses of the lawyers; Offenses of the lawyers; Date of admission to the profession.

The article offers information on the Tennessee Bar Association's Civility Initiative series of public lectures which are part of the federally-funded Civility and Free Expression in a Constitutional Democracy--A National Dialogue series which runs from September 2012 until February 21, 2013.

The article provides tips for lawyers on how to persuade judges during trial. It suggests for lawyers to be courteous and respectful, ensure that memoranda and briefs are free of errors, be prepared, be brief and concise, avoid overstating of the facts or the law, make argument in the court but not argue with the court, be a good listener, concede the obvious if it does not kill the case, be one's self, and avoid doing stupid things. The author notes that the tips may not work with every judge.

Reprints an article from `The Journal of the American Medical Association' from February 1899 which focuses on the refusal of court witnesses to kiss the Bible when taking oaths. Report of a girl contracting a fatal disease after testifying in court; How one judge noticed that the court Bibles were filthy and worn through in spots by the pressure of the lips of witnesses and prisoners; How the situation could be rectified.