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Ethics
'Lawrence': Contingent Fees and Unconscionability, by
Glen Banks .
The doctrine of unconscionability reflects a public policy that a court will refuse to enforce an agreement that offends basic notions of civility and fair play.An unconscionable contract is one that is so grossly unreasonable, in the light of the mores and business practices of the time and place, that it should not be enforced according to its terms.
Non-Specific.
2 pages. Written:
2008. Added:
7-04-2008.
New York Law Journal
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Ethics
The Devil You Know: Judicial Selection In America, by
Kenneth L. Smith.
Note: after clicking on the above URL, select the May, 2008 entry. This pithy article approaches the discussion of judicial elections, merit selection and accountability with some power anecdotes and a wealth of research materials.
Non-Specific.
20 pages. Written:
2008. Added:
5-23-2008.
Firm Publication
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Practice Management
Ethical Risks of Law Firm Websites and Blogs Staying on the Right Side of the Ethics Line, by
Dennis Kennedy.
This article takes a step back and looks at the current state of law firm website ethical regulation in light of its history. The article takes a big picture view and highlights some of the key trends, developments and outstanding issues in this area. It ends with some best practices and steps you should consider as you move forward with your website.
Non-Specific.
12 pages. Written:
2007. Added:
5-11-2008.
Strafford Publications Webinar
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Evidence
Five Common Evidentiary Issues in Securities Fraud Actions Against Auditors and Accounting Firms, by
Scott B. Schreiber and Robert Alexander Schwartz.
Cases of securities fraud presenting
complex questions of fact involving the application
of GAAP and GAAS to unique modern
business operations are inherently challenging for
a jury of laymen. Counsel for the plaintiff has a
duty to use that practical reality to his or her client’s
advantage, within the confines of ethics.
Counsel for the auditor defendant should focus on ways to simplify the trial by eliminating confusing or prejudicial evidence from the jury’s consideration.
Non-Specific.
10 pages. Written:
2007. Added:
4-27-2008.
ALI-ABA
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Legal Malpractice
Legal Malpractice for Litigators: An Update On Recent Developments In Texas Legal Malpractice, by
Jennifer Knauth, Steve Mcconnico and Robyn Hargrove.
The nature of claims available against attorneys continues to evolve. To protect themselves from potential liability, attorneys should make a point to stay up-to-date on malpractice law developments and changes in ethics and the Disciplinary Rules.
Texas.
25 pages. Written:
2008. Added:
4-20-2008.
State Bar of Texas
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Ethics
Comprehending Judicial Behavioral Pathology, by
Sean L. Harrington.
Please Note: To view this article, click on the [Apr 2008] link after visiting the above URL. Abstract: Applying traditional risk assessment models in light of emerging research, this Essay contemplates the substantial ethical vulnerabilities and threats that accompany judicial appointments, occasionally leading to behavioral pathologies.
Non-Specific.
6 pages. Written:
2008. Added:
4-12-2008.
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Ethics
Avoiding Individual Liability: Be Right on the Law, Right on the Ethics, and Avoid Even the Appearance of Impropriety, by
Myra A. McDaniel, Denise Pierce, and Charles R. Kimbrough.
This paper focuses on issues relating to a civil suit brought against a public servant regarding official & individual liability; basic criminal misconduct issues that can arise in context of your public service; & civil reporting requirements regarding conflict of interest scenarios & criminal misconduct issues that can arise from those scenarios.
Non-Specific.
20 pages. Written:
2007. Added:
4-03-2008.
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Ethics
Who’s Your Client?, by
Cobby Caputo.
This presentation answers following:
When an attorney represents an organization –
who is your client? The entity or staff?
What do you do when your mayor, city council member or staff direct you to do something that may be questionable?
Who do you go to and discuss the matter, keeping in mind your ethical obligations?
Non-Specific.
54 pages. Written:
2007. Added:
4-03-2008.
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Government
New Lobbying and Ethics Law Taking Effect, by
Powell Goldstein.
Recently, the President signed into law the Honest Leadership and Open Government Act, which imposes new lobbying disclosure and ethics requirements. Moreover, the
law establishes new civil and criminal liability for failure to comply.
Federal.
5 pages. Written:
2007. Added:
3-19-2008.
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Ethics
10 Ways to Avoid a Lawsuit, by
Edward F. Mannino, David L. Comerford and Jeffery A. Dailey.
There has been a proliferation of constituencies targeting accounting profession. The heightened enforcement standards of SEC & Public Company Accounting Oversight Board have created a new environment for auditors. We have identified numerous ways that accounting firms can minimize litigation risks. Ten of those ways are explained in this article.
Non-Specific.
2 pages. Written:
2007. Added:
3-12-2008.
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e-Discovery
Managing Ethics in E-Discovery, by
David G. Keyko.
Article discusses recent case law regarding ethical issues raised in e-Discovery, and how to avoid sanctions.
Non-Specific.
3 pages. Written:
2008. Added:
1-03-2008.
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Qui Tam and False Claims Act
CME and the Washington Health Care Debates: Demystifying the Policies, Politics, and Press Coverage, by
John F. Kamp, PhD, JD, Judith G. Ribble, PhD.
It’’s about:
FDA Marketing Rules, esp. “off label” promos
HHS IG Investigations of “Illegal”
inducements for government payments
False Claims Act
Anti-kickback Acts
Congressional Inquiries on industry ethics
Non-Specific.
34 pages. Written:
2007. Added:
4-26-2007.
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Legal Malpractice
Legal Malpractice and Risk Management Conference, by
Various.
Materials cover attorney liability and bankruptcy law, standing, statute of limitations, contribution, indemnification, proving causation, insurance, aiding and abetting fiduciary duty violations, vicarious liability, attorney-client privilege, conflicts of interest, ethics, compensation structures and using technology to mitigate risk.
Non-Specific.
321 pages. Written:
2006. Added:
4-24-2007.
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Practice Management
Client Services and Marketing within Ethical Boundaries, by
Ellen Freedman, CLM.
State Bar seminar on ways of marketing practice and providing services, while minimizing ethics and lawyer liabilty risks.
Pennsylvania.
91 pages. Written:
2006. Added:
4-09-2007.
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Ethics
The Electronic Courtroom, by
Mollie Nichols.
Discusses issues involved in the electronic courtroom, including presentation hardware and software, litigation support, remote testimony and electronic evidence, in civil trial procedure.
Non-Specific.
17 pages. Written:
2005. Added:
4-09-2007.
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Civil Pre-Trial
The Do’s & Don’ts of Summary Judgment Motions, by
Judge Catharina Haynes.
Remember that your professional reputation is built over a lifetime and can be lost in one day. Mis-citing cases, fudging the facts, underhanded tactics towards opposing counsel, unreasonable positions, frivolous arguments all raise ethics questions and diminish your professional stature over time with only a temporal, if any, gain in the particular case.
Non-Specific.
8 pages. Written:
2005. Added:
4-09-2007.
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Ethics
Challenge of Multi-jurisdict Transactional Practice, by
Jim Hood.
Topics to be covered include: What has been the landscape? (including lawyer liability of r unauthorized practice of law), What has precipitated a change to the landscape?, What is the direction of change?, What are today’s pitfalls? And What are some do’s and don'ts?
Non-Specific.
15 pages. Written:
2006. Added:
4-09-2007.
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Legal Research
Legal Ethics - Research Guide & Selective Bibliography, by
Alvin E. Evans Law Library.
Rules of procedure governing pleadings, discovery & judgments, as well as rules governing communications with the court, witnesses, & jurors may all impact ethical issues for lawyers. Standards of good faith & candor as well as rules of evidence including evidence privileges may also affect research in this area.
Non-Specific.
13 pages. Written:
2005. Added:
3-30-2007.
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Ethics
Managing Client Trust Accounts, by
Trina Doty.
The general purpose of trust accounts is to safeguard client funds. Thee rules require that funds belonging in part to a client or a third person be initially deposited into the trust account. The purpose of this requirement is to protect client funds from lawyers’ creditors or personal financial troubles.
Washington.
25 pages. Written:
2006. Added:
3-23-2007.
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Legal Malpractice
Lawyer, Defend Thyself!, by
Deborah A. Reheard.
We studied hard and sacrificed much to become defenders and advocates for our clients. But when we find the tables turned and we must defend ourselves and advocate our own position in the face of allegations of violations of ethics and the Rules of Professional Responsibility, it can stop even the toughest lawyer in their tracks.
Non-Specific U.S. State.
3 pages. Written:
2006. Added:
3-22-2007.
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Corporate and Securities
Professional Responsibility under the Sarbanes-Oxley Act, by
Jennifer H. Barrett.
The Sarbanes-Oxley Act of 2002 prompted the Securities and Exchange Commission to implement ethics and Standards of Professional Conduct for attorneys. Although the standards primarily focus on attorneys appearing or practicing before the SEC, they have implications for any corporate lawyer.
Non-Specific.
4 pages. Written:
2006. Added:
3-22-2007.
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Ethics
Recent developments in ethics and malpractice, by
Matthew P. Matiasevich.
For attorneys who conduct estate planning the thought that they may have implicitly promised a higher standard of performance than the one required by law should be troubling and should warrant further inquiry into whether that cause of action is legally tenable.
Non-Specific.
15 pages. Written:
2005. Added:
3-20-2007.
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Ethics
Dealing with the Death of a Solo Practicioner, by
James Brill.
This paper deals exclusively
with issues arising due to the unexpected and unplanned death of a solo practitioner . To some extent, many of the same considerations could apply if the solo was disabled, disbarred, suspended, or simply abandoned the practice.
Non-Specific U.S. State.
35 pages. Written:
2005. Added:
3-18-2007.
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Criminal
Ethics and the problem of white collar crime, by
John Hasnas.
The purpose of this Article is to explore
how federal efforts to combat “white collar” crime bear on the answers to these & similar questions. “Ethics & Problem of White Collar Crime” may suggest an article arguing that the increasing frequency of white collar crime requires renewed efforts to ensure that business people behave more ethiccally.
Non-Specific.
82 pages. Written:
2005. Added:
3-18-2007.
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Ethics
The pellican’s mess – Ethical considerations for attorneys who hire private investigators in the wake of pellicano, by
David B. Parker & Pierre B. Pine.
Indeed,
while in most litigation settings, the majority of factual information comes from the client
and eventually from the other party, private investigators can be useful, if not essential
tools for finding and providing attorneys with independent information and objective
evidence.
Non-Specific.
29 pages. Written:
2006. Added:
3-18-2007.
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Government
Patent Law | 2006 The Year Past and the Year Ahead, by
Charlene Morrow, Heather Mewes.
Gives overview of Patent case law before the supreme court and federal courts, Patent case law updates, Prosecution before the U.S. Patent Office, Ethics & Patent law reform.
Considered practical market response by U.S. companies. Territorial scope of grant warrants review in licenses. Relationship between acts abroad and first sale doctrine.
Federal.
137 pages. Written:
2006. Added:
3-17-2007.
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Ethics
Litigation Associates and Pro Bono: Helping Others & Helping Yourself, by
Kathryn C. Newman.
The American Bar Association recommends that attorneys spend fifty hours each year providing legal services to persons of limited means or charitable, religious, civic, community, governmental and educational
organizations in matters which are primarily designed to address the needs of persons of limited means.
Non-Specific.
3 pages. Written:
2007. Added:
3-16-2007.
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Ethics
All I Really Need To Know About Ethics I Learned In Kindergarten, by
Kendall M. Gray.
Obviously, there is place for knowing the disciplinary standards with precision. My thesis, however, one can avoid the majority of problems by simply minding some basic principles that keep lawyers far back from the edge of the precipice. Look at the law through this filter, & you too might agree, all I really need to know about ethics I learned.
Non-Specific.
22 pages. Written:
2005. Added:
3-15-2007.
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Ethics
Ethics: Are Lawyers the last line of defense for Critical accounting, corporate governance and Auditing issues under sarbanes-ox, by
Thomas H. Watkins, Hilgers & Watkins, P.C..
This paper will briefly address the history of the ethical rules applicable to the corporate attorney & then set forth the various conflicts and competing interests that the corporate attorney may encounter. Appendices set forth the Model Rules applicable to the corporate attorney as adopted by the American Bar Association.
Non-Specific.
16 pages. Written:
2005. Added:
3-15-2007.
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Ethics
Playing Well With Others: Simple Professional Courtesies, by
Justice Ann Crawford McClure.
The Standards for Appellate Conduct were jointly approved by both the Texas Supreme Court & the Court of Criminal Appeals on February 1, 1999. The Standards address not only the responsibilities of the attorney, but the attorney’s expectations of the client.
Non-Specific.
30 pages. Written:
2005. Added:
3-15-2007.
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Ethics
Ethics And The Lawyer/Judge Relationship Judicial Disqualification And Recusal, by
John Hyde, Midland, 238th District Judge.
Two decades after the 80’s, American culture today is fast paced and growing more impatient. Understanding the background and development of disqualification and recusal as well as the rules governing both concepts is important to the advocate filing or defending against the challenge to remove a judge from hearing a case.
Non-Specific.
20 pages. Written:
2005. Added:
3-15-2007.
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