Abstract
This paper explains that the intention of the Prison Litigation Reform Act (PLRA) was to limit the number of frivolous lawsuits that could be filed by prisoners in federal courts; however, the constitutionality of this law has been strongly debated. The author points out that a primary provision of PLRA is the exhaustion requirement, which fundamentally was designed to give prison officials time and opportunity to address any grievances that could be brought by prisoners before a federal court, even if those internal systems are slow and ineffective and may subject the prisoner to possible retaliation by prison staff. The paper relates that the PLRA places a cap on attorney fees and restricts the number of billable hours; thus, since they will have difficulty obtaining compensation for their work, attorneys are discouraged from representing prisoners even if they have a strong case.

From the Paper
"When the administrative grievance process is followed in the manner prescribed in the PLRA, that process is able to fully identify details of the prisoner's case and determine its merits before it reaches a federal court. Once in court, there is a much greater likelihood that the case would be more well defined and presented in a concise manner. The court would then be able to focus solely on issues at hand instead of being forced to spend time attempting to interpret a potentially muddled argument. Under these circumstances, it would appear that federal courts would have more time available to address legitimate cases brought under the PLRA."

Tags:frivolous, constitutionality, exhaustion-requirement, federal-court, attorney-fees

Abstract
This analytical essay discusses the practical ethics of a criminal defense attorney in the state of Massachusetts. The writer discusses the ethic issues one may face as an attorney, and how to confront and understand the ethical issues according to the preamble of Massachusetts. There are three distinct issues the writer looks at. The first is the conflict of interest, when the same lawyer represents multiple defendants. The second ethical issue that is presented is determining diminished capacity. The third and final ethical issue the paper discusses is the defense lawyer providing a "not guilty" plea for a guilty client.

From the Paper
"One of the most basic ethical issues that can arise is the conflict of interest that can and almost always does, in some fashion, arise when multiple defendants are represented by the same lawyer during the same criminal proceeding (Rule 1.7). Not only is the lawyer's role as the representative of their client split, but the quality of justice is often best served when independent counsel is retained by each defendant charge with a crime. In this scenario, as with all cases of criminal defense tat come to trial, each client must be presumed innocent. Proving this innocence, or rather casting reasonable doubt on a defendant's guilt, becomes the necessary goal of the client's representative, i.e. the lawyer. The best way to do this, especially when there are multiple suspects/defendants, is often to cast suspicion on one defendant in order to remove it from another. Multiple representation, quite obviously, cannot allow this to occur, as it serves the legal interest of only one client, and is a clear violation of the lawyer's duties.
"At the same time, there are many cases where multiple representation has proven the most effective way to provide defense for all clients, as this defense becomes more unified and coherent."

Tags:ethics, attorney, massachusetts, law

Abstract
The paper explains how globalization and user fees are so strongly related that they are cause and effect. The paper examines how, at the present time, Canada is under increasing pressure from the United States to introduce a system of user fees in the system of Medicare. The paper further examines how this is linked to global competitiveness and the argument that Canada will have to adopt user fees in order to be efficient and cost effective. This paper analyzes the positive and the negative points of Canada's use of user fees.

Tags:userfees, globalization, access

Abstract
The paper is a description of what role ethics and morals play in the life of a defense attorney. While having to support his client, a defense attorney more often than not would have to prove the prosecution's witness to be fake. The paper deals with the techniques that are followed by an attorney to protect his client and it gives us an idea of the numerous strategies that he would have to adopt to prove his client in the right. Further, the paper is also a discussion upon facts as to whether an attorney can purposely cross question a witness, and mislead the court just to prove his client not guilty. Here the main purpose of the argument starts with the fact whether a defense attorney is ethically right when he decides to purposely cross-examine the prosecutor's witness just to mislead the court, when he knows that the witness is saying the truth, and does so only to discredit his answers.

From the Paper
"From time immemorial lawyers have been condemned and thought of as conniving people. As early as the biblical times writers have been condemning lawyers. The great satirist, Jonathan Swift had in his book Gulliver's Travels in 1726 stated that there was a society of men among us, bred up from their youth in the art of proving by words multiplied for the purpose that white is black and black is white, according as they are paid. To this society all rest of the people is slaves. It can be stated that the real reason to conduct "Cross Examination" is to find answers to questions of fact. This can be stated to be the stage in a trial where the other party questions witnesses. The main reason to conduct cross-examination could be to find out facts that would turn out to be favorable for the case, to challenge the statements given by the witness. A counsel usually conducts cross-examination but the accused person can also conduct his defense by himself."

Tags:court, witness, prosecuter, examine, cross

Abstract
This paper discusses the duties of the Attorney General of the United States. Specifically, it contains an analysis of how the Attorney General is chosen, and the powers they wield in the government. A brief history of the position is presented, and the current Attorney General, John Ashcroft, is introduced. The paper claims that the Attorney General is one of the most important offices in the Federal Government.

From the Paper
"The Attorney General of the United States is in charge of the Justice Department (DOJ) and the chief law enforcement officer of the United States Federal Government. The Attorney General advises the President and other members of the executive department of the government on legal issues. An addition, "The Attorney General appears in person to represent the Government before the U.S. Supreme Court in cases of exceptional gravity or importance" (DOJ)."

Tags:john, ashcroft, operation, tips, doj

Abstract
This paper discusses the attorney-client privilege issue. In particular, the paper discusses the fifth and sixth amendement of the Constitution and how they apply to attorney-client privilege. The paper then provides a number of examples where one may think that the issue need not be applied by the attorney. It also discusses each of these cases and the legal issues that apply.

From the Paper
"In this case, the interest competing against adhering to the professional rules of ethics is not the prevention of the death of the child or the exoneration of an innocent individual facing undeserved punishment. Rather, the competing interest relates to the mother's uncertainty. Specifically, disclosure of the information would merely transform her grief from one type of grief to another (arguably much worse) grief and provide "closure." If the rule violation were capable of saving the life of a child, the attorney might be justified (if not obligated) in ignoring his professional obligation to his client, at least from an objective perspective. In this case, however, he is not justified in doing so."

Tags:disclosure, defense, violation, amendment

Abstract
This paper discusses the issue of high tuition fees required by Ontario universities. The paper discusses how university should be made available to all and not just those who are financially able to cope with the demands of high fees. The paper further discusses issues of race and gender in relation to issues surrounding higher education.

From the Paper
Many in public sector planning, at present, belong to a post-World War II generation that enjoyed fairly good access to higher education. It can be most difficult to explain that it is no longer possible to work part-time through the year, and at full-time minimum wage employment in the summer, and finance a Bachelor's degree in four years. Higher tuition in relation to small increases in wages, over the last decades, made higher education expensive, even for students with access to student loan support.

Tags:highereducation, accessibility, women/personsofcolour

Abstract
This paper explains that the District Attorney for Los Angeles County, an elected official whose term runs for four years, is a non-partisan lawyer who works for the people of the county, which covers 78 cities and over 4,000 square miles. The author points out that a staff of about 2,200 people in nine offices located throughout the county handles over 60,000 felonies and 200,000 misdemeanors per year by working closely with local officials and police departments to prosecute criminals. The paper relates that the District Attorney's office is organized to handle a variety of crimes, including crimes of violence, crimes of hate, fraud, and corruption; its goal is to prosecute the criminal and insure justice for the victim.

From the Paper
"The Community Prosecution Division provides the ability for police, members of the community and other local officials to create strategies for dealing with gang violence, crime prevention, truancy, drugs and other quality of life issues that affect the community. It is an opportunity for the District Attorney's office and the community to work synergistically to overcome a broad spectrum of problems. In addition, the Bureau of Crime Prevention works with young people to help them avoid a life of crime by developing skills and talents that will help them succeed in life."

Tags:community, victim, prosecute, violence, witness

Abstract
This paper takes a look at possible reforms to improve attorney disciplinary procedures. The paper points out that the American Bar Association has a code of professional responsibility by which attorneys must abide. Some of the general principles this code addresses are individual justice, distributive justice, truthfulness, and trust worthiness. The paper concludes that actively becoming aware of unethical procedures in law, along with participation of the public in the awareness, can help resolve some of the problems.

From the Paper
"One particular unethical conduct that states bars will not tolerate include lawyers who do not pay child support. In the Atlanta Journal Constitution it was reported in May of 2005 an attorney was ordered to pay $29,100 in monthly child support. This case marked the highest child support judgment ever issued to date for Georgia (Cook). Under OCGA 1968-28 the lawyer's license to practice law can be suspended. Once the attorney has met requirements of Bar Rule 1-209, their suspension will be revoked (Unknown 1). In this particular case, the attorney had "estimated stakes in his law firm to be worth over $20 million" and the courts made sure he paid every penny of child support to his children."

Tags:regulation, accountability, discipline, lawyer, professional, ethics

From the Paper
"An attorney's obligation to a client includes his or her duty to understand, counsel and solve the client's problems--not just the client's legal problems or the case. Interviewing and counseling are more than two simple steps in the "lawyering process." Whether the client is involved in a civil or criminal matter, the interviewing (the task of gathering information) and counseling (the task of formulating solutions) processes are the cornerstone of the attorney-client relationship.

Attorneys need to establish effective relationships with clients, learn how clients view their problems, goals and expectations and assist them in understanding to make informed choices. If an attorney does not have a good relationship with the client, the relationship will not enable a successful conclusion to the matter."