Can Successful Lawyers Think in Different Languages?: Incorporating Critical Strategies that Support Learning Lawyering Skills for the Practice of Law in a Global Environment

In response to the globalization of the practice of law, law schools in the United States and other countries that have traditionally been defined as belonging to the common law legal system have opened their doors to international students from different legal systems for whom English is a second language (“ESL students” or “international students”). Many of these programs have evolved without real assessment of the students’ needs and how to meet those needs. After a number of resulting challenges, it became clear that in order to make such programs a success, law professors need to use special methodologies and strategies for teaching ESL students; they cannot use the approaches that have been successful with students from common law countries

Keep Suing All the Lawyers: Recent Developments in Claims Against Lawyers for Aiding & Abetting a Client’s Breach of Fiduciary Duty

Lawyers have increasingly become subject to liability under various legal theories, ranging from traditional legal malpractice or negligence liability claims to various third-party actions. Most recently, state and federal courts across the country have recognized attorney liability for aiding and abetting a client’s breach of fiduciary duty. This Article will address the current status of the cause of action for a lawyer’s aiding and abetting her client’s breach of fiduciary duty, explain the commonalities and distinguish nuances as outlined by particular states, examine recent decisions by federal courts that have recognized the cause of action, and culminate in its conclusion by predicting how the cause of action will continue to develop in the long run

First, Do No Harm: The Consequences of Advising Clients About Litigation Alternatives in Medical Malpractice Cases.

This Article addresses whether a lawyer\u27s possible duty to inform and advise his client of potential alternative dispute resolution (ADR) options actually leads to better results for doctors in medical malpractice cases. This Article first explains different theories supporting a potential duty and then argues that all such theories praising ADR rely on the assumption that valuable alternatives to litigation always exist and are available to all litigants. That notion is arguably not always true for a physician defending against malpractice complaints; thus, the duty becomes almost meaningless in such cases. With the adoption of the National Practitioner Data Bank and the subsequent enactment of numerous state statutes, physicians are required to report their settlement agreements and that information is now made public and available to potential patients in most states. This Article takes a close look at the conflict faced by an ADR-proponent medical malpractice lawyer who may wish to encourage a client to consider litigation alternatives while knowing that this route is likely to be damaging to his client long-term and, thus, goes against the principle of first doing no harm to the client. Ultimately, this Article determines that in some cases where a doctor has a good chance of prevailing in a lawsuit and avoiding a settlement record, the attorney should prioritize his commitment to the client\u27s best interest and make sure the client does not suffer an unnecessary harm. As such, the lawyer should advise that doctor against an out-of-court settlement of the doctor\u27s malpractice case

The Voice of the Gods is Crippling: Law School for Helicoptered Millennials

As millennials dominate law school classrooms, many professors are recognizing the importance of altering the traditional methods of teaching law. Millennials act, think, and learn differently. Numerous factors are linked to why this new generation of law students is distinctively different than previous generations. This article examines these factors and how they influence millennials’ learning styles. Alternative methods of teaching millennial law students are also discussed and proposed, along with a specific example of a tailored professional responsibility textbook and course to the modern law student

Russia\u27s Labor Pains: The Slow Creation of a Culture of Enforcement

This Article offers a general examination and analysis of Russian labor law, including its historic origin and current status, and it also examines the existing enforcement mechanisms for its provisions. It also provides a comparison of Russian labor law and enforcement to the labor regulations and enforcement in four other countries: the United States of America, the United Kingdom, Australia, and Mexico. The Article concludes that Russia\u27s failure to comply with and enforce its labor regulations is deeply rooted in the culture\u27s historic distrust and disrespect for the law that was typical during Soviet times and continues into the current legal framework. It further offers a prediction for the future development of Russia\u27s labor law and legal culture. More specifically, Part I discusses the transition of labor laws in Russia, including the creation and development of the Soviet/Russian Labor Code and its substantive provisions. Part II provides an overview and analysis of the Russian legal culture and enforcement of its labor law. Part III compares Russian labor law and enforcement mechanisms with that of the United States, the United Kingdom, Australia, and Mexico. Finally, Part IV provides a conclusion predicting the future path of Russian labor law and legal culture