Bar Association Research Articles

Advocate for children receiving medical care: A study on pediatric care and children’s rights

Background: Advocacy for children is an essential part of pediatric medical practice. The rights of children receiving medical care should be protected while accommodating each individual’s attributes. The current study aimed to identify the policies and practices on medical care and children’s rights based on a survey conducted at 907 hospitals and clinics in 2016 by the Kanto Bar Association.Methods: The survey results were analyzed with the approval of the Kanto Bar Association. This research focused on the rights of children receiving medical care to make their own decisions and psychosocial factors involved in medical practice.Results: Explanation was actively provided to children receiving medical care. Moreover, support was found to be important in providing children with easy-to-understand explanations, assuring that consent was obtained from children, and assessing psychosocial factors affecting decision-making. Improving the physical and human environment can promote and enable the voluntary participation of children. That is, information about the right to voluntary participation among children should be disseminated, medical staffs must be educated, medical fees should be evaluated, and professionals must be trained.Conclusions: This study recommends to protect the personal integrity and dignity of children receiving medical care by respecting them as individuals and ensuring their right to express opinion and self-determination.

A rent‐limiting design of professional self‐regulation

AbstractWe consider a government that purchases a public good or a private good for public consumption from a heterogenous group of professionals (such as scientists, doctors, or lawyers) in an environment characterized by an extremely high level of information asymmetry. Specifically, we assume that the government needs information from a self‐regulatory organization (SRO) of agents (such as a research council, a medical board, or a bar association) to draft the contract. We show that the government information disadvantage is minimized when the SRO is dictatorial, that is, when it follows the preferences of the efficient agents.

Адвокатське самоврядування в контексті судово-правової реформи в Україні

The article reveals the problems of conceptualization and institutionalization of the self-government of lawyers in the context of judicial reform in Ukraine, and suggests directions for reforming its organizational and functional foundations. The principles of institutional development of bar self-government are outlined: the unity of bar associations operating within the state; organization of activities based on partnership with state authorities; improvement of the institute of advocacy on the basis of international principles and standards both in the field of providing legal aid and in the field of advocacy; positioning the bar as a self-governing independent organization that is subordinated to the interests/requests not of the state apparatus, but of society (civil society), aimed at ensuring the provisions of Art. 59 and 131-2 of the Basic Law, namely on the provision of professional legal assistance. It was noted that activation and involvement of the legal profession in the process of forming a strategy for the development of the legal community is one of the defining tasks of the legal self-government bodies. This can be done by making relevant decisions by these bodies at the most transparent and public level. Five main priorities for reforming the institution of advocate self-governance have been identified: first, strengthening the professional rights of advocates and guarantees of advocacy; secondly, improvement of the criteria and procedures for access to the profession of a lawyer; thirdly, improvement of the institution of lawyer disciplinary responsibility; fourthly, improvement of self-governance of lawyers; fifth, ensuring transparent budgetary and financial procedures in the self-governing bodies of lawyers.

Organizational Behaviour and Non-Registration of Nigerian Bar Association, Kwale Branch

Organizational Behaviour and Non-Registration of Nigerian Bar Association, Kwale Branch

An Ethically Indifferent Code of Ethics? Analysis of the Character of the Czech Bar Association’s Code of Ethics

The Czech Bar Association published a text which has the words “code of ethics” in its title. The aim of this paper is to determine whether the norms contained in the code are actually related to ethics or whether they concern different fields. The paper first explains the raison d’être of codes of ethics in general and briefly introduces the Czech Bar Association and the origin of its code of ethics. The principal section of the paper is dedicated to a detailed analysis of the text of the Czech Bar Association’s code of ethics applying a method used in England for similar purposes by Donald Nicolson. The analysis shows that the Czech Bar Association’s code of ethics deals with ethical issues only to a lesser extent and that it contains numerous provisions which do not deal with ethics at all. The paper proposes to remedy this unsuitable state by creating two separate codes. The first would primarily regulate ethically relevant situations in legal practice. The other code would contain “other” rules of the profession.

Роль источников мягкого процессуального права в регулировании международного арбитража

The contractual nature of international arbitration and the possibility of the disputing parties to regulate to a large extent the procedure for consideration of disputes have created conditions for the development and successful introduction into practice of a significant number of recommendatory documents, systematically summarizing advanced practices for resolving certain groups of issues arising within the arbitration process. Such documents, playing, as a rule, the role of auxiliary, optional sources of international arbitration and defined as rules, principles, protocols, recommendations, guidelines, and collectively referred to by the term: “soft law” and recently also “para-regulatory texts” (PRT), are prepared under the auspices of authoritative professional associations such as the International Law Association (ILA), the International Bar Association (IBA), the International Council for Commercial Arbitration (ICCA), etc., as well as leading centres of international arbitration. The article considers the relevant aspects of application of such documents in modern international arbitration, including various ways of referring to them in the course of proceedings, taking into account the statutory hierarchy of normative sources and other means of regulation of the arbitral procedure. The authors analyses the goals of developing soft procedural law documents: the need for national legislation and arbitration rules which would be predictable and consistent with common practices of gap-filling, and the intention to educate the professionals about the best practices.

How You Rate Depends on Who Investigates: Partisan Bias in ABA Ratings of US Courts of Appeals Nominees, 1958–2020

Recent work on the federal judicial nominations process finds relationships between nominees’ characteristics, such as partisanship and gender, and American Bar Association (ABA) ratings. While the findings inform public debate about ABA involvement in the nomination, the studies do not take into account the characteristics of the individuals who investigate the nominees. This study adds investigator partisanship to understand more completely the relationship between nominees and their ABA ratings. The results indicate that the Standing Committee on the Federal Judiciary (SCFJ) investigators’ partisanship contribute systematically to a nominee’s likelihood of receiving a higher or lower ABA rating. The probability that a Republican nominee receives the highest rating does not vary with the investigator’s partisanship. Democratic nominees, however, have the highest chance of the top rating after an SCFJ investigation led by a co-partisan. An analysis of matched data from the whole dataset reproduces the basic pattern of results, while the implementation of matching to partisan subgroups of nominees uncovers that both parties may benefit roughly equally from investigations led by co-partisans.

ДІЯЛЬНІСТЬ АДВОКАТСЬКИХ БЮРО ТА ОБ’ЄДНАНЬ ЯК ГОСПОДАРСЬКА ДІЯЛЬНІСТЬ

The Law of Ukraine “On the Bar and Legal Practice” provides for the functioning of bar office and bar associations as organizational forms of attorney legal practice. At the same time, the legal status of these subjects needs to be determined from the point of view of possible belonging to a circle of economic subjects. Issues of the legal status of law firms and law associations are discussed in research of V.M. Bogoslavets, O.O. Jaburiya, K.A. Zatulko and M.E. Kiselyov, Yu.M. Yurkevich and others. They considered the issue of the possible belonging of specified legal entities to the number of economic entities, analyzed their organizational and legal form. We believe that conclusions about the nature of their activities are decisive for the assertion that legal entities belong to the circle of economic entities. The analysis of the activities of bar offices and bar associations from the point of view of its possible qualification as an economic activity according to the existing legal regulation was the main task of the authors of the publication. During the research, it was found that bar offices, bar associations provide services, and perform work for a fee based on contracts on the provision of legal assistance. Such activity ensures the satisfaction of the private interests of these legal entities in profit and, at the same time, the implementation of important public interests in providing legal assistance to a wide range of individuals and legal entities. The activity of bar offices and bar associations is the activity of professional entities endowed with rights and obligations identical to the rights and obligations of economic entities. Under such conditions, it is logical to conclude that bar offices (associations) have the status of economic entities. The conducted research confirmed the presence of features of entrepreneurial companies in the understanding of this concept by the Civil Code of Ukraine in bar offices and bar associations. In the future, it is worth finalizing the issue of the specific organizational and legal form of these entities and enshrining the relevant provision in the Law of Ukraine “On the Bar and Legal Practice”.

Processing of personal data revealing racial or ethnic origin in the European Union.

aAntwerp Bar Association, ARTES Law, Antwerp bEmergency Medicine Department, UZLeuven, Leuven, Belgium Received 24 January 2023 Accepted 27 January 2023. Correspondence to Marc Sabbe, MD, PhD, UZLeuven, Herestraat 49, Leuven 3000, Belgium Tel: +32 16343927; fax: +32 16343894; e-mail: [email protected]

Publishing Functioning JD Institutional Learning Outcomes on Legal Research: Why and How?

This article examines the legal-research institutional learning outcomes of 196 law schools accredited by the American Bar Association and proposes improvement to best practices. The suboptimal format and content of legal-research institutional learning outcomes contribute to this deficiency, exacerbated by challenges from the upcoming new bar examination. To improve legal-research institutional learning outcomes, law schools should distinguish legal-research institutional learning outcomes from other institutional learning outcomes, include specific and effective performance criteria, and update learning outcomes periodically. To streamline this process, law schools should draw wisdom from both external benchmarks and the expertise of internal legal-research instructors.

TÜRKİYE’DE DİJİTAL AKTİVİZM: KADIN HAREKETİNİN BİR SEMBOLÜ OLARAK İSTANBUL SÖZLEŞMESİ

ABSTRACT
 Digital platforms that allow individuals to interact and offer a public space where people can share the content they produce and seek their rights play a crucial role in organizing activist protests, promoting new representations, and presenting adversary political voices. New activism, called 'digital activism,' is the activities by individuals or organizations in the digital environment to create the social change they desire. Social movements that started on these platforms with the claim of a better world while expressing social discomforts that are unsuitable for the flow of life may also offer new solutions.
 This study reveals the social and political dimensions of how digital activism is shaped in Turkey through the Istanbul Convention, which appears to be the symbol where women, and non-governmental organizations, have struggled for years. The social struggle for both the existence and the implementation of the protection mechanisms of the Istanbul convention, was terminated by the Presidential decree, was analyzed with the content analysis method. Twitter posts under the hashtags "#İstanbulSözleşmesiYaşatır," (IstanbulConventionGivesLife), "#İstanbulSözleşmesindenVazgeçmiyoruz," (WeWon'tAbandonTheIstanbulConvention), "#İstanbulSözleşmesi" (IstanbulConvention) and explored categories related to the reflections of digital activism in Turkey was interpreted. According to the results, while the categories such as informing the public, not yielding, acting together for the benefit of society, and not giving up in the online struggle come to the fore, it is seen that digital is actively used in transferring activism offline. Another important finding of the research is that the main opposition party, individual activists, bar associations, and lawyers, especially women's non-governmental organizations, come to the fore as the most active groups and play an active role outside of digital platforms by directing the society.
 Keywords: Digital activism, Istanbul convention, Right-wing populism, Twitter hashtag, Women’s movements

Child’s lawyer in Ukraine

It has been analyzed the opinions of scholars and lawyers on the definition of the concept of “a child’s lawyer”. The author’s definition on the concept of “child’s lawyer” has been formulated, which should be understood as a person who carries out legal activities on the grounds and in accordance with the procedure provided for by law, and which consists in the independent professional activity of a lawyer in the field of defense, representation and provision of other types of legal assistance to a person under 18 years of age (majority). Taking into account the levels of specialization in the bar, it has been established that the specialization “child’s lawyer” can be both at the corporate level (creation of a structural unit in the system of bar self-government bodies responsible for the protection of children’s rights) and at the professional level (the law provides for the practice of the legal profession individually, through a law firm and a law association, which are also engaged in the protection of children's rights). It has been proved that the branch differentiation of law, based on the theory of differentiation of legal relations, is generally accepted for the specialization of Ukrainian lawyers. It has been proposed to distinguish a child as an individual to whom a child’s lawyer provides legal aid, i.e., as a type of a lawyer’s client. It has been noted that Ukrainian legislation operates with special concepts such as “ensuring the best interests of the child”, “child abuse”, “child in difficult life circumstances”, “child in need of additional protection”, “contact with the child”, which are inherent only in cases involving a child.
 It has been analyzed the opportunities provided by the Higher School of Advocacy of the National Bar Association of Ukraine for obtaining the specialization of a child lawyer. In order to develop the idea and unite the relevant lawyer community “child lawyer”, lawyers are being certified, a register of child lawyers is being maintained, and specialists are constantly deepening their thematic specialization and providing information and support.
 It has been analyzed the experience of other countries regarding the use in practice of the concepts of “child’s lawyer” in family courts, “child protection advocacy” and established the requirements for a child’s lawyer.

The impact of Covid-19 pandemic on overall well-being of practicing lawyers.

Every day lawyers provide counsel and advocacy to individuals, groups, and businesses in a multitude of settings. From court room to board room, attorneys are relied upon to guide their clients through difficult situations. In doing this, attorneys all too often internalize the stresses of those that they help. The legal system has long been considered a stressful occupation. This stressful environment was further taxed by the wider societal disruptions in 2020 as we dealt with the onset of the COVID-19 pandemic. Beyond the illness itself, the pandemic forced widespread court closures and made it more difficult to communicate with clients. Based upon a survey of the membership of the Kentucky Bar Association, this paper considers the impact of the pandemic on attorney wellness in a variety of categories. These results demonstrated marked negative impacts on a variety of wellness measures which may result in significant reductions in service provision and efficacy for the people who need legal services. The pandemic made the practice of law harder and more stressful. Attorneys suffered increased incidence of substance abuse, alcohol consumption, and stress during the pandemic. These results were generally worse among those practicing in the areas of criminal law. In light of these adverse psychological effects facing attorneys, the authors argue the need for increased mental health support resources for attorneys, as well as establishing clear steps to raise awareness among the legal community about the importance of mental health and personal wellness.

ADVOKATLIK TUZILMALARINING HUQUQIY MAQOMINI TAKOMILLASHTIRISH

This article provides a scientific, theoretical, and legal analysis of the legal status of law firms; examines the features of the structure of the law office and legal advice, national and foreign experience in improving the legal status of these law firms, and offers proposals for making appropriate amendments to the Law of the Republic of Uzbekistan “On Advocacy”. In addition, the general, similar, and mutual differences between a law firm and a bar association, and the rights and obligations of lawyers in a law firm and a bar association have been theoretically and legally investigated. According to the results of studies carried out directly in practice, it was emphasized that it is urgent to organize the activities of the legal consultancy, which is considered to be an advocacy structure, as stipulated in the legislation, and to create a materially, technically and financially effective support system for the full operation of the legal consultancy. A comparative analysis of the legal status of the legal structures of foreign countries with national legal structures revealed the dependence of the legal structures in the countries on the socio-legal nature of the institute of advocacy. In order to improve the legal foundations of this institution, taking into account the studies, the relevance of the theoretical and practical foundations of the bar institute in the Republic of Uzbekistan was revealed. The current state of advocacy in the Republic of Uzbekistan, current issues of the legal status of advocacy structures, and ways of improvement were determined.

On the question of professional ethics of lawyers: the american model

A lawyer is a specialist who not only has a higher legal education, but also a lawyer who is called to perform the tasks of providing legal assistance to society in all areas of its life. The essence, content and direction of the lawyer’s activity aredetermined by his main goal - the protection of the rights, freedoms and legitimate interests of the person, society and its institutions (including the state) with the help of tools for effective, competent and high-quality legal assistance.Ethics and professional responsibility are key foundations of the legal profession. Being a lawyer means holding yourself to higher standards. Members of the public must trust that lawyers will handle their case with the highest level of skill and with the highest level of attention to ethical principles. Legal ethics is a set of rules of professional behavior of practicing lawyers. These rules focus on regulating the behavior of lawyers in all aspects of legal practice, including relations with clients, the courtand third parties. The aims and legitimate purpose of these rules are to ensure the integrity of the legal profession and to define the duties of the lawyer as a representative of the client, as an official of the legal system and as a citizen who has a special responsibility for the quality of justice.
 The standards and requirements of legal ethics derive from a combination of statutory provisions and norms that are widespread in the legal profession. Thus, the American Bar Association’s Model Rules of Professional Conduct, state courtdirectives, state bar association instructions, and ethics experts’ opinions are among the sources of legal ethics.Despite the fact that there is broad uniformity among states regarding legal ethics, the specifics of the rules of professional conduct are determined by each jurisdiction separately.The study of the regulation of the ethical behavior of lawyers in the context of American legislation is valuable and relevant for the legal science of the constitutional law of Ukraine and the conduct of further comparative legal characteristics of the activities of highly competent, professional and fair lawyers.

Best-Selling Author to Discuss How Psychiatrists Can Help Create More Equitable World

Best-Selling Author to Discuss How Psychiatrists Can Help Create More Equitable World

Report to the House of Delegates and Resolution (adopted)

Research Article| February 01 2023 Report to the House of Delegates and Resolution (adopted) American Bar Association American Bar Association Search for other works by this author on: This Site PubMed Google Scholar Federal Sentencing Reporter (2023) 35 (3): 192–197. https://doi.org/10.1525/fsr.2023.35.3.192 Views Icon Views Article contents Figures & tables Video Audio Supplementary Data Peer Review Share Icon Share Facebook Twitter LinkedIn MailTo Tools Icon Tools Get Permissions Cite Icon Cite Search Site Citation American Bar Association; Report to the House of Delegates and Resolution (adopted). Federal Sentencing Reporter 1 February 2023; 35 (3): 192–197. doi: https://doi.org/10.1525/fsr.2023.35.3.192 Download citation file: Ris (Zotero) Reference Manager EasyBib Bookends Mendeley Papers EndNote RefWorks BibTex toolbar search Search Dropdown Menu toolbar search search input Search input auto suggest filter your search All ContentFederal Sentencing Reporter Search This content is only available via PDF. © 2022 American Bar Association. All rights reserved.2022 Article PDF first page preview Close Modal You do not currently have access to this content.

Should Prosecutors Be Expected to Rectify Wrongful Convictions?


 
 
 In 2008, the American Bar Association amended the Model Rules of Professional Conduct to address prosecutors’ post-conviction conduct. Model Rules 3.8(g) and (h) establish the remedial steps a prosecutor must take after achieving a criminal conviction when confronted with significant new evidence of an injustice. They require prosecutors to disclose the new exculpatory evidence and to take reasonable steps to initiate an investigation, and if clear and convincing evidence then establishes the convicted defendant’s innocence, the prosecutors’ office must take reasonable steps to rectify the injustice. Since then, 24 state judiciaries have adopted versions of one or both rules. Although prosecutors in those states have not reported problems with the rules, state and federal prosecutors often oppose their adoption in the remaining states, including in Texas where the model provisions have been under consideration for over a year.
 Prosecutors’ objections generally sound one of three themes. First, some prosecutors contest that they should be responsible for investigating and rectifying wrongful convictions. Second, some assert that because they can be counted on to rectify wrongful convictions, the rules serve no useful purpose but instead simply impugn prosecutors’ ethics. Third, some insist that the rules will unduly burden them—the rules demand too much of prosecutorial time and resources; they are too imprecise; or they will provoke unfounded disciplinary complaints to which prosecutors must respond. After providing background into the rules’ development, this Article examines prosecutors’ objections to adopting Model Rules 3.8(g) and (h) and explains why those objections are unpersuasive.
 
 

Модели организации адвокатских образований в зарубежных странах

The article is devoted to the peculiarities of organization of collective bar associations in countries with different indexes of economic freedom: Switzerland, the Netherlands, Romania and Venezuela. The author analyses the mandatory elements of the organizational structure of some collective bar associations, the peculiarities of bar organization depending on the degree of the state influence on the economy, analyses the legislation on advocacy in each of the above countries and evaluates the possibility of establishing lawyers’ associations without having a legal entity status and being organized for cooperation as a lawyer in the Russian Federation. The author examines the possibility of creation of lawyers’ associations in any organizationallegal forms, known to the national legislation and possibility of expansion of forms of lawyers’ associations in the Russian Federation provided by the foreign legislation.

Sprawozdanie: Spotkanie z Rzecznikiem Praw Obywatelskich prof. Marcinem Wiąckiem nt.: Aktualne wyzwania stojące przed Rzecznikiem Praw Obywatelskich, Szczecińska Izba Adwokacka, Szczecin 3 listopada 2022 r.

Report: Meeting with the Commissioner for Human Rights Prof. Marcin Wiącek on: Current Challenges Facing the Commissioner for Human Rights, Szczecin Bar Association, Szczecin 3 November 2022