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Ethics

: Legal Ethics Forum

legal ethics news (July 21, 2010)

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According to AmLaw Daily, a potentially ground-breaking discrimination suit by a female equity partner has been thrown out because the law doesn't apply to owners -- just to employees.       . . . . .       Over at the blog for the IU Center for the Global Profession, Carole Silver reports on the outsourcing panel at last week's ILEC IV conference.       . . . . .        Near the end of this article, Yale's Stephen Carter says that he now teaches legal ethics through books and plays.       . . . . .       Neil Rose, on how UK lawyers must adapt to loosening regulation.       . . . . . .       From Golden Gate University's project for IP related book reviews, here's a favorable review of "Patent Ethics," which is co-authored by our co-blogger, David Hricik.       . . . . .       From the Legal Finance Journal (from people who make litigation loans), here's an argument for liberalizing the ethics rules on lawyer advertising.       . . . . .        Former Nebraska Supreme Court Chief William Hastings, who recently passed away, is remembered with respect and personal fondness.       . . . . .       Susan Estrich offers her thoughts on who gets the top slots at the DOJ and what role gender might play in that.       . . . . .        A law firm filed an involuntary bankruptcy petition against an ex-client, and the judge, who's going to issue sanctions, thinks it was just a tactic to get a better settlement.  (h/t: ALM)       . . . . .       Adrienne Lockie, of American, offers this new article, Encouraging Reflection on and Involving Students in the Decision to Begin Representation.  Abstract:

The key lessons that clinics teach can be illustrated through teaching the process of client selection. Regardless of what those lessons are, law school clinics could provide more opportunities for students to be engaged in and reflective about client selection to shed light on the nature and complexity of the attorney-client relationship. Because reasonable lawyers disagree on what to consider in the decision to begin representation, the purpose of this Article is not to enumerate the factors that lawyers may consider, but instead to identify issues that student-attorneys are likely to face in deciding whom to represent. These issues both provide good entry points into how to decide whom to represent and encourage reflection about the attorney-client relationship. This Article explores the particular challenges that arise in involving students in the decision of whom to represent, focusing on clinic design, supervisor interests, student expectations, and concern for clients. Through the use of supervisor-student dialogues, the Article highlights fundamental issues that arise in client selection, covering eight lawyering and learning themes. The goal is to give students a framework for decision-making that will be useful in their practice and to encourage reflection about client selection specifically, and about lawyering, more generally.

Full post as published by Legal Ethics Forum on July 21, 2010 (boomark / email).

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