On March 6 and 7, 2014, Washington and Lee law professor James Moliterno will be engaged in meetings and presentations in Slovakia on the state of Slovak higher education. Professor Moliterno will participate in sessions with representatives of the prosecution service regarding a prosecutor’s code of ethics, with law faculty at Comenius University on academic ethics, and a with a group of reform-minded judges who have been trying to improve the state of the Slovak judiciary.
Also during the week of March 7, 2014, Professor Moliterno will be at the Instituto Empresa Law Faculty in Madrid to conduct a workshop on experiential education for the faculty and present a lecture to IE’s LLM students on the impact of Alternative Business Systems on global legal markets.
Read more about Professor Moliterno’s scholarship here.
Washington & lee law professor James Moliterno will present at the thirteenth annual Symposium on Legal Malpractice & Ethics at St. Mary’s Law School in San Antonio, TX on February 28, 2014. The symposium will feature discussion of practical issues that attorneys and judges face daily, as well as forward looking trends in the legal malpractice and ethics fields.
Professor Moliterno will present “Why Lawyers Do What They Do” reporting the findings of a survey conducted of Virginia lawyers. The survey asked lawyers about their motivations for doing things required by the ethics rules. Among the possible motivations were fear of bar discipline, fear of malpractice, to gain more clients and keep current clients happy, and to do the right thing without regard to the consequences.
Read more about Professor Moliterno’s work here.
W&L Law Professor Jim Moliterno recently participated in a workshop sponsored by U.S. AID’s East-West Management Institute to provide legal ethics training to lawyers in the Republic of Georgia. Prof. Moliterno is the Vincent Bradford Professor of Law at Washington and Lee University School of Law. He has a leadership role in W&L’s third year curriculum reform.
Prof. Moliterno has engaged in substantial international legal ethics and legal education reform work, designing new lawyer and judge ethics courses in Serbia, Armenia, Georgia, Czech Republic, Japan, Indonesia and Thailand. He has trained law professors in China, Thailand, Georgia, Armenia and Serbia. He has trained judges in Kosove and both judges and prosecutors in Indonesia. He has worked to revise the lawyer ethics code in Thailand and Georgia and lectured extensively on international lawyer ethics topics in Spain, Czech Republic, and Slovakia. He has prepared course materials that are in use in Serbia, Armenia, Thailand, Czech Republic, Japan, Australia, Indonesia, and China.
Here are the announcements regarding the recent Georgian program:
|EWMI-JILEP and Georgian Bar Create Advanced Ethics Training Module
On February 7-8, 2014, EWMI-JILEP sponsored a workshop where members of the Georgian Bar Association (GBA)’s Training Center and selected lawyer-instructors, developed the next generation of lawyers’ ethics training. While previous courses developed with EWMI-JILEP assistance relied heavily upon hypotheticals created by JILEP ethics expert, Professor James Moliterno, the new training module is based on hypotheticals developed by Georgian lawyers and taken from Georgian legal practice.
Ethical dilemmas covered in the course include problems concerning lawyer-client privilege, conflict of interest, and lawyer advertising. To give an example, one hypothetical to be used in the course asks if the following advertisement is ethical:
The most experienced lawyers in criminal law will provide you with highly qualified services in the shortest time possible and resolve your case successfully. Contact us via telephone : xxx-xx-xx-xx. One phone call and we will be ready to give you our helping hand, and restore your violated right and give you peace.”
Professor Moliterno was present at the workshop and provided his suggestions for how the new course could be refined to ensure maximum impact upon lawyer participants. The course, mandatory for all bar members, will begin mid-February 2014.
Washington and Lee law professor Jim Moliterno was one of a small number of panelists invited to present earlier this month at an Aspen Institute Law & Justice Symposium on mass atrocities. The event was titled “Trying Atrocity Crimes: The Khmer Rouge Trials, Transitional Justice, and the Rule of Law; An Aspen Institute Symposium for Judges and Scholars.” Prof. Moliterno presented during a session titled “Recent Experiences from the Field.” His role was to situate his work on legal institution building within the context of prevention and remedy for atrocities.
Prof. Moliterno is an acknowledged international expert in legal ethics and professionalism and has traveled throughout the world to help countries develop ethics policies and training programs. He has engaged in substantial international legal ethics and legal education reform work, designing new lawyer and judge ethics courses in Serbia, Armenia, Georgia, Czech Republic, Japan, Indonesia and Thailand. He has trained law professors in China, Thailand, Georgia, Armenia and Serbia. He has trained judges in Kosovo and both judges and prosecutors in Indonesia. He has worked to revise the lawyer ethics code in Thailand and Georgia and lectured extensively on international lawyer ethics topics in Spain, Czech Republic, and Slovakia.
Washington and Lee School of Law Dean Nora Demleitner and Prof. Jim Moliterno present at Seton Hall Law School on Oct. 25 as part of a symposium titled “Legal Education Looking Forward.” Panelists at the event will discuss current proposals for revamping, revitalizing, and reestablishing the value of law school. Paulette Brown, President-Elect of the American Bar Association, will deliver the keynote address,
Dean Demleitner is participating in a plenary panel titled “Bold Approaches to Legal Education,” with Dorothy Brown, Vice Provost, Emory; Evan Chesler, chairman, Cravath, and David Lat, Above the Law. Prof. Moliterno is on a breakout panel titled “Law School: What Return(s) on the Investment?”.
Some of the questions the symposium attempts to answer include: Is law school still economically viable? Should it last two years instead of three? Would increasing “skills classes” increase preparedness? Could an apprenticeship program or post-graduate “low bono” service clinic give students a means of building experience in a tough legal market? Do we need the bar exam?
For more information about the event, visit the Seton Hall Symposium website.
Washington and Lee law professor Jim Moliterno was in the Republic of Georgia last week attending a forum on proposed legislation that would advance the independence of the judiciary. Proposals include life-tenure for judges and new selection procedures. In addition, he conducted a training workshop for the Ethics Commission and the Georgian Bar Association. Topics will include important, new cooperation between state prosecutors and defense lawyers and advanced ethics training for lawyers to follow the two years of more basic lawyer ethics training that he has designed, and amendments to the disciplinary procedures.
This week, Prof. Moliterno heads to Slovakia where he is consulting for the U.S. Embassy on judicial branch reforms and lawyer ethics in law schools. On October 2, he will present on judicial independence issues to a meeting of about 15 ambassadors and mission chiefs. Later that day, he will meet with business leaders to discuss the benefits of more advanced systems of lawyer ethics and judicial accountability. On October 3, he will participate in a forum on spreading legal ethics courses to several law schools in the country. And finally, on October 4, Moliterno will present to the Slovakian Judicial Academy on impartiality, independence, and ethics issues for judges in their dealings with media.
Washington and Lee School of Law Dean Nora Demleitner has announced the recipients of a number of annual faculty fellowships that recognize excellence in teaching and scholarship.
Prof. Michelle Drumbl directs the Tax Clinic and also teaches courses in Federal Income Tax. She received the Jessine Monaghan Faculty Fellowship for Teaching awarded to “recognize stellar teaching in the third year.”
Prof. Jill Fraley has taught Environmental Law, a new Environmental Practicum, a seminar on Law and Geography, and a small section of Property. She is the recipient of the John W. Elrod Law Alumni Fellowship in Teaching Excellence.
Prof. Brant Hellwig teaches a number of introductory and upper-level specialized tax courses. He is the recipient of a Law Alumni Faculty Fellowship for Teaching.
Christopher Bruner’s book Corporate Governance in the Common-Law World: The Political Foundations of Shareholder Power, published this spring by Cambridge University Press, examines shareholder influence and power that challenges popular wisdom and provides fascinating insights into the uniqueness of U.S. corporate governance. He is the recipient of the Ethan Allen Faculty Fellowship for Scholarship.
Jim Moliterno published his book A Profession in Crisis (Oxford) to great acclaim and also put out a new Civil Procedure book with West, designed to provide a new approach to the teaching of civil procedure in law school. He is the recipient of a Law Alumni Faculty Fellowship for Scholarship.
Ben Spencer continues to be a prolific scholar despite his new duties as director of the Lewis Law Center and Associate Dean for Research. His scholarly work on civil procedure has received increasing acclaim, and his latest article “Class Actions, Heightened Commonality, and Declining Access to Justice” appeared in the Boston University Law Review. He also authored an insightful commentary on the state of legal education in his magnum opus on The Law School Critique in Historical Perspective. He is the recipient of the Law Alumni Faculty Fellowship for Scholarship.
Washington and Lee law professor Jim Moliterno traveled to China recently to discuss the U.S. legal system and legal education reform with faculty and students at Zhejiang University Guanghua Law School in Hangzhou, China. While there, he also met with lawyers, judges and prosecutors in Hangzhou and Chengdu to discuss lawyer ethics reforms.
Prof. Moliterno said that the lecture at the law school was mainly for advanced law students who are interested in the history of the American legal profession. The meeting with law school officials was led by the Deputy Party Chairman for the law school. He outlined measures they are taking, experiments with more interactive teaching and even experiential education. He asked many questions about U.S. legal education reforms and about W&L’s innovative third-year curriculum. Also present was the dean of their undergraduate law students, dean of their graduate law studies and the Youth Party Secretary for the law school. Moliterno noted that the Chinese law school has a traditional dean structure that is complimented by Communist Party officials who are assigned to every university faculty department.
Prof. Moliterno’s meetings with lawyers, judges and prosecutors are part of a project he is working on with a Chinese colleague, Assistant Professor Lan Rongjie. They are working on a paper that compares the attorney-client privilege in criminal cases in China and the US. One of the lawyers present at the meeting expressed interest in starting a university-based discussion among defense lawyers and prosecutors about a range of issues surrounding a major public corruption case that is currently in litigation in Hangzhou. Prof. Moliterno expects to be involved in some way with that project.
W&L Law Professor Jim Moliterno has posted his article entitled The Trouble with Lawyer Regulation on SSRN, where it has become a top 10 download in its category. Here is the abstract:
The American legal profession has been a backward-looking, change-resistant institution. It has failed to adjust to changes in society, technology, and economics, despite individual lawyers’ efforts to change their own practices and entrepreneurs’ efforts to enter the legal marketplace to serve the needs of middle- and lower-income clients. When change does come, the legal profession is a late-arriver, usually doing no better than catching up to changes around it that have already become well ensconced. This failure robs the society of what could be a positive role of the legal profession in time of change, and it deprives the profession itself of being as robust and successful as it could be.
The article may be downloaded by visiting http://ssrn.com/abstract=2264351.
Washington and Lee University Professor Jim Moliterno has published the first book in a new series from West Academic Publishing focused on experiential education. The book, titled Experiencing Civil Procedure, is the first primary Civil Procedure course book to incorporate skills assignments into the book. The book actively involves students in the application of civil procedure concepts. It Includes three simple simulation cases, one contracts based, one torts based and one blended case. Sample documents from real cases are also included. Students using this book will engage in experiential learning exercises, including drafting the jurisdictional allegations for complaints, drafting very simple pleadings and motions, and responding to supervisor email messages. The book contains the statutes, rules, and edited cases that are the staples of traditional Civil Procedure casebooks, incorporating them into an experiential learning approach.
Prof. Moliterno, who is the editor of the series for West, discusses this book and the project in the video below:
Prof. Moliterno also recently published a book on how the U.S. legal profession responds to crisis. The book, The American Legal System in Crisis, covers everything from recent challenges such as the explosion of technology and globalization back to the waves of immigration in the early twentieth century, examining how the legal profession reacted to these events. Prof. Moliterno argues that through all these events, the ”legal profession has tried to maintain the status quo by retreating to its traditional values and structure and throwing up walls to block whatever threatens it.” You can read more about the book in this press release.