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    The Professional Lawyer, Volume 24, Number 3

      November 2017

    Ethics

    Ethics Rules Uniformity: The “Vision Thing”

    By Robert A. Creamer

    2017 Michael Franck Professional Responsibility Award winner, Robert A. Creamer, presents his remarks given at the 43rd National Conference on Professional Responsibility. He makes the timely argument that lawyers today need to recognize the obvious and anticipate the inevitable when it comes to the lack of uniformity in lawyer ethics rules and the growth of multijurisdictional practice.

    Articles

    Ethics

    Internalizing a Fiduciary Mindset to Put the Client First

    By Neil Hamilton

    Professor Neil Hamilton, Co-director of the Holloran Center for Ethical Leadership in the Professions, discusses why it is important for each new law student and lawyer to internalize a responsibility to put both the client’s and the legal system’s interests before the lawyer’s self-interest. He describes this responsibility to the client as the basis upon which client trust in the lawyer and the profession is founded. Details are provided about Professor Hamilton’s experiences teaching, and evidence is set forth from various studies which point to the importance of forming an ethical tradition to be used in a lawyer’s practice, not only because it helps to develop good judgement, but also, because it is a characteristic desired by legal employers.

    Ethics

    Professional Identity and Professionalism

    Benjamin V. Madison III

    Professor Madison’s panel at the 2017 National Conference, entitled “Professional Identity Formation in Public and Faith-Based Legal Education,” highlighted the growing number of schools innovating in methods that go beyond traditional approaches to professionalism. Professor Madison points out the distinctions between “professional identity” and professionalism. As he describes, “…professional identity engages students at a deeper level by asking them to internalize principles and values such that their actions flow habitually from their moral compass.” The author delves into an explanation of why he believes this principle can help each person not only understand and perform their job better, but also enjoy it more, and engages in a broader discussion of the challenges and rewards of the professional identity movement.

    Ethics

    Ball of Confusion: Practicing Law from Your Second Home in Another State

    By Ronald C. Minkoff

    As explained by APRL Past President, Ronald C. Minkoff, there are several problems associated with interstate multijurisdictional practice of law. In addition to defining the problem, in his article he addresses specific scenarios that can help lawyers answer the questions they may have when considering whether to practice from their second home in a jurisdiction where they are not admitted to practice.

    Ethics

    Prevention and Response: A Two-Pronged Approach to Cyber Security and Incident Response Planning

    Steven M. Puiszis

    As Steven M. Puiszis explains, “A cyber intrusion raises a series of complex and challenging issues for law firms that involve a variety of disciplines. Further complicating the problem is the myriad of ways a security incident or cyber intrusions can occur. While the best defense against a breach is a robust data-security program, being prepared when a cyber intrusion occurs is a critical consideration for law firms. A poorly handled incident response can cause reputational harm to the firm as well as the loss of clients and client trust.” The steps and considerations outlined in this article help lawyers and law firms to be ready when the inevitable happens.

    Ethics

    Ethics Issues in the Use of Expert Witnesses

    By Neil J. Wertlieb

    Neil J Wertlieb, Partner at Milbank, Tweed, Hadley & McCloy LLP and Adjunct Professor at UCLA School of Law, delivers a detailed outline of the ethical issues for litigators who engage experts and the ethical issues for attorneys acting as expert witnesses. Pertinent case law and ethics opinions are discussed in relation to the applicable rules. This article is based on written materials presented by Mr. Wertlieb for the National Conference panel discussion on “Ethics Issues Relating to the Use of Expert Witnesses”.

    About the Professional Lawyer

    The Professional Lawyer is a periodical covering current issues, trends and controversies in the fields of legal and judicial ethics and professionalism.

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