Legal Ethics 16 (2):306-321 (2013)
AbstractUS courts regulate civil advocates in two ways. First, state judiciaries adopt rules of professional conduct that include provisions governing lawyers' work in civil litigation. Additionally, in the course of ruling on sanctions motions in civil lawsuits, courts develop and enforce standards of conduct on an ad hoc basis in common law fashion. Sometimes rules of conduct incorporate the case law and sometimes the case law builds on professional conduct rules, but other times the rules and case law diverge. This article discusses the role of rules and case law in regulating US civil advocates, the relationship between rules and case law, and the comparative advantages of each
Similar books and articles
Do Rules of Evidence Apply (Only) in the Courtroom? Deceptive Interrogation in the United States and Germany.Jacqueline Ross - 2008 - Oxford Journal of Legal Studies 28 (3):443-474.
How Law Works: The Machinery and Impact of Civil Justice.Ross Cranston - 2006 - Oxford University Press.
Features of a Paradigm Case of Civil Disobedience.Kimberley Brownlee - 2004 - Res Publica 10 (4):337-351.
An Evaluation of the Rules of Conduct Governing Legal Representatives in Mediation: Challenges for Rule Drafters and a Response to Jim Mason.Bobette Wolski - 2013 - Legal Ethics 16 (1):182-215.
Enforcement of Process Requirements: A Search for Solid Grounds.Carla Crifò - 2014 - Oxford Journal of Legal Studies 34 (2):325-352.
Reflections on US Policies Regarding ‘Effective Regulation and Discipline’ and Foreign Lawyer Mobility: Has the Time Come to Talk About the Elephant in the Room?Laurel S. Terry - 2013 - Legal Ethics 16 (2):284-305.
Retribution but No Recompense: A Critique of the Torturer's Immunity From Civil Suit.Jane Wright - 2010 - Oxford Journal of Legal Studies 30 (1):143-178.
Civil Societies and Democratization: Assumptions, Dilemmas and the South African Experience.Lorenzo Fioramonti - 2005 - Theoria 44 (107):65-88.
Judicial Responses to Civil Disobedience: A Comparative Approach.Sophie Turenne - 2004 - Res Publica 10 (4):379-399.
A Tale of Two Waivers: Waiver of the Jury Waiver Defense Under the Federal Rules of Civil Procedure.Jarod Spencer Gonzalez - unknown
Accession as a Mode of Acquisition and Loss of Ownership in the Lithuanian Civil Law.Ramūnas Birštonas - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (3):1081-1094.
Civil Society Without a State? Transnational Civil Society and the Challenge of Democracy in a Globalizing World.Philip Oxhorn - 2007 - World Futures 63 (5 & 6):324 – 339.
Added to PP
Historical graph of downloads