Volume 36

Harmonizing Legal Ethics Rules with Advocacy Norms

by Dane S. Ciolino
For millennia, advocates have used extra-evidentiary persuasion techniques to tip the scales in favor of their clients. They appeal to emotion, develop personal credibility, and tell stories to influence tribunals with irrelevancies. But in so doing, lawyers violate more recent legal ethics and adjudication rules that facially prohibit such widely accepted advocacy practices. This Article […]

Judicial Ethics and Identity

by Charles Gardner Geyh
This Article seeks to untangle a cluster of controversies and conundrums at the epicenter of the judiciary’s role in American government, where a judge’s identity as a person and role as a judge intersect. Part I synthesizes the traditional ethics schema, which proceeds from the premise that good judges decide cases on the basis of […]

Imposing Lawyer Sanctions in a Post-January 6th World

by Alex B. Long
As was the case with the Watergate scandal fifty years ago, the number of lawyers involved in the efforts to overturn the 2020 election results has raised questions about the state of ethics within the legal profession. So far, the profession’s response to the crisis has been to rely on the professional disciplinary system to […]

“They Don’t Know What They Don’t Know”: A Study of Diversion in Lieu of Lawyer Discipline

by Leslie C. Levin and Susan Saab Fortney
Lawyer misconduct can have devastating consequences for clients. But what is the appropriate regulatory response when lawyers make less serious mistakes? For almost thirty years, jurisdictions have offered some lawyers diversion in lieu of discipline. Diversion is intended to help educate lawyers or treat those with impairments so that they do not reoffend. Yet remarkably […]