Abstract
In this paper, the author argues that the Canons of Professional Ethics written for attorneys in the early 1900's are no longer relevant. The paper gives a brief historic background of the Canon's adoption, then highlights the major points of contention, showing point by point how the Canons no longer apply. The author further contends that the Canons often fail to embrace the realities of the legal profession, especially of defense attorneys who must often defend unpopular clients or even for attorneys who wish to solicit business. The writer describes the Canons as often vague, contradictory, and unenforceable.

From the Paper
"Many of the Canons could actually subvert the intention of attorneys to represent clients to their fullest extent. Consider the working Canon 28: "It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases where ties of blood, relationship, or trust make it his duty to do so." (Hurld, 2004) Yes, this would forbid ambulance chasing or advertisements asking a parent of a sick child if medical malpractice might be the cause of their child's infirmity, the sort of attorney advertising and grandstanding non-lawyers enjoy pointing to, when these laypersons explain why they despise attorneys."

Tags:law, Canons, of, Professional, Ethics, Attorneys, lawyers

Abstract
In this article, the writer notes that it is generally accepted that the primary purpose of disciplinary proceedings regarding the conduct of professionals is not so much to punish the professional, as it is to protect the public. The writer points out that it is the intention of such proceedings to remove a perceived threat to public interest and public confidence in the profession. The basis for this rationale is the assumption that the public needs to be protected from the unscrupulous, and those incompetent and ignorant of the basic requirements of their profession. The writer looks at the current system in Australia and maintains that the present framework serves the basic needs of all stakeholders in an adequate manner, but that a better framework could be established, which more fairly caters to the needs of the other stakeholders. The writer concludes that even if the present framework is not substantially altered, improvements, such as allowing any third party to submit complaints, would help to improve the efficiency in which compliance by attorneys is monitored.

From the Paper
"The enforceability of the Institute's Code of Ethics is based on contractual obligations rather than legislatively conferred power, and a breach of the Institute's Code of Ethics may result in revocation of membership. Compliance with the Institute's Code of Ethics is monitored by way of complaints being submitted.
"The framework provided by the Institute's Code of Ethics appears, however, to add little to the framework already in existence as provided by the Board and the Tribunal. The enforceability of the Code of Ethics, the efficiency in which compliance with the Code of Ethics is monitored, and the sanctions imposable upon a breach of the Code of Ethics appear no more effective than those already provided by the Code of Conduct prescribed by the Regulations and the Board."

Tags:legislation, unprofessional, conduct, codes

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

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 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 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
The paper explores the principles and guidelines for the behavior and professional conduct of attorneys, judges, and prosecutors. The paper discusses violations of the code of ethics, such as the overload of cases that criminal defense attorneys are burdened with, leaving them unable to represent their clients to the best of their ability, as well as other common ethical violations.

Outline:
Introduction
Professional Responsibility and Ethical Considerations
Criminal Defense Attorneys and Caseload Limitations
Prosecutorial Excess
Integrity of Judges and the Canons
Summary and Conclusion

From the Paper
"Hall (2007) states that since the common view is one that the rule of caseload limitations has "limited applicability to those who are viewed as having no control over their caseload, i.e. public defenders and prosecutors" the American Bar Association's Standing Committee on Ethics and Professional Responsibility" issue an ethics opinion in 2006 that "specifically requires public defenders to keep their caseloads under control or seek relief in court." (p.10)
"It is specifically stated by Hall (2007) that the ABA Ethics Opinion No. 06-441 states as follows: "If a lawyer believes that her workload is such that she is unable to meet the basic ethical obligations required of her in the representation of a client, she must not continue the representation of that client or, if representation has not yet begun, she must decline the representation." (pp. 10-11) In the even the caseload of the public defender is too high then the public defender is "ethically compelled to seek a reduction." (Hall, 2007, p.11) The ethics opinion makes the requirement for the public defender to approach his or her supervisor and then to proceed up the chain of command to the head of the office. If the public defender's office does not address the problem "the opinion requires the defender to go above their heads and seek relief in court." (Hall, 2007, p.12)"

Tags:caseload, integrity, impartiality

Abstract
This six-page undergraduate paper discusses the Napster controversy in terms of analyzing the court briefs prepared by Napster attorneys. Based upon these briefs, and citing the Sony precedent, a legal argument is presented asserting that Napster is not responsible for any possible copyright infringement indulged in by third parties.