Conflict of laws; real-world rules for interstate regulation of practice

Article Abstract:

Pro hac vice admission enables multistate practitioners to practice safely anywhere and gets around the possibility of enforcement of archaic unauthorized law practice statutes against out-of-state attorneys. The danger in enforcement of these laws is that the client can avoid paying legal fees. Another pitfall in multistate practice is the vast differences in ethics rules between jurisdictions. State ethics rules used to be almost identical, but this is no longer the case.

Author: Gillers, Stephen
Analysis, Admission to the bar, Conflict of laws

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Under color of law; Second Circuit expands Section 1983 liability for government lawyers

Article Abstract:

Governments who have failed to adequately train a government employee can be guilty of a constitutional tort, even though the employee will probably have at least qualified immunity. Actions on the part of government attorneys that may warrant section 1983 claims against the government include conducting an investigation so as to violate due process and privacy rights and concealment of evidence pertaining to a civil claim.

Author: Gillers, Stephen
Laws, regulations and rules, Government liability, Constitutional torts, Government attorneys

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Fighting words; what was once comical is now costly

Article Abstract:

The 1970s and 1980s saw investigations of bias in the legal profession and generated an intolerance of biased behavior. A lawyer's use of biased behavior in an attempt to create a bond with the jury is an indirect instance of the bias problem. Lawyers try to connect with jurors in different and often ambiguous ways, and trying to pinpoint these as racist or sexist and decide on disciplinary measures can be difficult.

Author: Gillers, Stephen
Social aspects, Standards, Legal etiquette, Racism, Sexism in language, Sexist language

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