LEGAL ETHICS & PROFESSIONAL RESPONSIBILITY eJOURNAL

"'High Functioning': Successful Professionals with Severe Mental Illness" Free Download
Duke Forum for Law & Social Change, Vol. 7:1, 2015
University of Louisville School of Law Legal Studies Research Paper Series No. 2015-16

JAMES T. R. JONES, University of Louisville - Louis D. Brandeis School of Law
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This Article will proceed in four parts. Part I discusses severe mental illness in the United States among legal and medical students and professionals. Part II looks at stigma, and why it keeps most of those with mental illness in the shadows. In particular, it will focus on the issue of professional licensure. Part III will give examples of successful medical and legal professionals who have gone public with their disease and discuss how they are able to function at the highest levels of their profession notwithstanding the special challenges they face every day. In Part IV, this Article concludes by discussing how these examples show that potentially tragic circumstances can have a positive effect on professionals’ lives through hard work, good medical care, and a modicum of luck.

"What Firms Want: Investigating Globalization's Influence on the Market for Lawyers in Korea" Free Download
Columbia Journal of Asian Law, Vol. 27, No. 1 (2015 Forthcoming)
Northwestern Public Law Research Paper No. 15-36

CAROLE SILVER, Northwestern University School of Law
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JAE-HYUP LEE, Seoul National University - College of Law
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JEEYOON PARK, Independent
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This article addresses one of the central debates regarding globalization: how best to approach liberalizing markets in order to balance the interests of local and non-local actors and institutions. It takes the legal services market as its focus and draws on the South Korean (“Korea?) experience as a case study. Korea recently liberalized its regulatory approach to legal services by changing both its method of producing lawyers (including initiating a graduate level law school system and drastically increasing the proportion of bar exam passers) and allowing foreign competition to directly enter its market through foreign law firms and foreign-licensed lawyers working as foreign legal consultants.

Arguments for liberalization suggest that competition from foreign actors will introduce benefits to the local market that are particularly important to global actors. In the legal services context, this suggests that global clients may prefer particular expertise and experiences that would be recognized and promoted by the law firms serving them. In our research, we explore this possibility by analyzing the hiring preferences of law firms serving global clients as reflected in the credentials of their lawyers. We draw on a unique dataset comprised of information published by law firms in the form of professional profiles of their lawyers. The firms we analyze are competitors in the global market and include five elite Korean law firms and U.S.-based law firms with Korean-practices situated in their Hong Kong offices — a short airplane trip from Seoul. Our analysis provides insight into the credentials and expertise preferred by each group of firms. From this, we assess the ways in which the two groups of law firms value foreign legal education and law school reputation, as well as the interplay of globalization and gender.

"Narrowing the Gap between Rights and Resources: Finding a Role for Law Students in Court-Annexed Resource Centers" Free Download
Journal of Law and Society, Vol. 16, No. 1, 2014

FAITH MULLEN, Catholic University of America (CUA) - Columbus School of Law
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Law students can play a substantial role in improving access to justice by staffing court-annexed resource centers. This article relates the experience of law students from The Catholic University of America providing assistance in the Small Claims Resource Center in Washington DC during the past eight years. However, even with a solid infrastructure in place and the support of the courts, volunteers will confront challenges in court-annexed resource centers. This article identifies those challenges and offers some guidance on how to address them. It starts with a description of how the Small Claims Court operates and how customers access the Small Claims Resource Center. It describes some typical cases and the training that students receive to handle them in a ways that are culturally competent. The article then explores some of the rules of professional responsibility including ABA Model Rule 1.1 on competence, 1.7 conflicts of interest, Rule 6.5 on ghost writing; that govern court-annexed resource centers The article includes a discussion of three of the most challenging issues that volunteers face: the difficulty of distinguishing between legal information and legal advice, delivering good customer service, particularly to with serious mental health issues, and dealing with questionable claims. While student participation in court-annexed resource centers offers a relatively low-cost way for courts to improve access to justice. But court-annexed resource centers are not a substitute for representation. Courts must recognize the limitations on the help that they can provide and not assume that if the party sought assistance then all need for legal help has been met.

"Large Law Firms and Capture: Towards a Nuanced Understanding of Self-Regulation" Free Download
(2015) 92 The Canadian Bar Review, 485-505

ANITA I. ANAND, University of Toronto - Faculty of Law
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The limited academic literature on regulation of the legal profession argues that law societies should further regulate large law firms. This article takes a countervailing position and submits that as a result of complex regulatory-like infrastructure that already exists within large firms, the law society has a weak incentive to regulate these firms. Large law firms develop and maintain their own codes of conduct and internal monitoring systems. While the rules of professional conduct serve as a baseline regulatory regime, large law firms have strong incentives to implement as or more stringent rules and relatively weak incentives to capture the law society.

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About this eJournal

This eJournal distributes working and accepted paper abstracts related to the legal profession. Coverage includes scholarship on the law governing lawyers, as well as theoretical or interdisciplinary approaches to normative questions related to lawyers and the legal profession.

Editor: W. Bradley Wendel, Cornell University

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LSN SUBJECT MATTER EJOURNALS

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Northwestern University - School of Law, Northwestern University - Kellogg School of Management, European Corporate Governance Institute (ECGI)
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RONALD J. GILSON
Stanford Law School, Columbia Law School, European Corporate Governance Institute (ECGI)
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Advisory Board

Legal Ethics & Professional Responsibility eJournal

STEPHEN GILLERS
Vice Dean and Professor of Law, New York University School of Law

DAVID J. LUBAN
Georgetown University Law Center

RONALD DANIEL ROTUNDA
Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, Chapman University, The Dale E. Fowler School of Law

WILLIAM H. SIMON
Arthur Levitt Professor of Law, Columbia University - Law School, William W. and Gertrude H. Saunders Professor of Law, Stanford University - Stanford Law School

DAVID B. WILKINS
Harvard University - Center on the Legal Profession

CHARLES W. WOLFRAM
Charles Frank Reavis Sr. Professor Emeritus, Cornell Law School