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The Journal of the Legal Profession The Journal of the Legal Profession Volume 28, 2003-2004 The University of Alabama School of Law Copyright © The Journal of the Legal Profession 2003-2004 The Journal of the Legal Profession VOLUME 28, 2003-2004 TABLE OF CONTENTS ARTICLES Remarks by Dennis Archer at The University of Alabama School of Law, Farrah Law Society Banquet Dennis Archer 1 Alice Finch Lee: Living the Values of the Legal Profession Kimberly Keefer Boone 9 An Introduction of Alice Finch Lee, as Recipient of the 2003 Maud McClure Kelly Award Presented by the Alabama Bar Association Thomas Lane Butts 11 Transitioning from Law Teaching to Practice and Back Again: Proposals for Developing Lawyers within the Law School Program Okianer Christian Dark 17 Legal Malpractice Insurance: Surviving the Perfect Storm Susan Saab Fortney 41 “I’m Ok-You’re Ok”: Educating Lawyers to “Maintain a Normal Client-Lawyer Relationship” with a Client with a Mental Disability David A. Green 65 Contrasting the Vision and the Reality: Core Ethical Values, Ethics Audit and Ethics Decision Models for Attorneys Arthur Gross Schaefer Leland Swenson 93 STUDENT COMMENTARIES Can an Elected Judge Maintain the Integrity of the Judicial System? Angela C. Cameron 115 The Professional Duty of Prosecutors to Disclose Exculpatory Evidence to the Defense: Implications of Rule 3.8(d) of the Model Rules of Professional Conduct Jeremy L. Carlson 125 A Change of Disposition: The Evolving Perception of Pre-Approval Requirements under 11 U.S.C. § 327 Anthony Collins, Jr. 133 Can I Conduct This Case in Another State? A Survey of State Pro Hac Vice Admission Clint Eubanks 145 Attorney Advertising: Does Television Advertising Deserve Special Treatment? J. Alick Henderson 153 Criminal Defendant Perjury: What Does One Do? Ward Henneker 165 Prosecutorial Dealing with the Media: Duties, Remedies, and Liability Richard W. Holmes 177 Suffering in Silence: Questions Regarding an Applicant’s Mental Health on Bar Applications and Their Effect on Law Students Needing Treatment Jennifer McPherson Hughes 187 Screening Out Conflict-of-Interests Issues Involving Former Clients: Effectuating Client Choice and Lawyer Autonomy While Protecting Client Confidences Amanda Kay Morgan 197 Human Reproductive Cloning: Current Legal, Ethical, and Public Policy Considerations Richard J. Pearson, Jr., Ph.D. 207 A “Rest in Peace” Guide of Estate Planning Ethics Catherine Houston Richardson 217 The Minimal Requirements of Constitutionally Effective Assistance of Counsel as Further Reduced by the Procedural Default Doctrine Leaves Little Room for Error by the Trial Attorney Deanna Weidner 233 Missing Clients: What to Do When Your Client Has Vanished Allison Elizabeth Williams 247 Changing Corporate Ethics Codes after Enron and How to Know If the Changes Proved Useful? Leah Wilson 259 COMPILATIONS Recent Ethics Opinions and Cases of Significance Anthony Collins 269 Recent Law Review Articles Concerning the Legal Profession Jeremy L. Carlson 283 THE UNIVERSITY OF ALABAMA SCHOOL OF LAW ADMINISTRATIVE O FFICERS MALCOLM P ORTERA, B.A., M.A., PH.D.; CHANCELLOR, THE U NIVERSITY OF A LABAMA S YSTEM. ROBERT E. WITT, B.S., M.B.A., PH.D.; PRESIDENT, THE UNIVERSITY OF A LABAMA. JUDITH L. BONNER, B.S., M.S., PH.D.; PROVOST, THE UNIVERSITY OF ALABAMA. KENNETH C. RANDALL, B.A., J.D., LL.M., LL.M., J.S.D.; DEAN. STEVEN C. EMENS, B.S., M.B.A., J.D.; ASSOCIATE DEAN. J. NOAH FUNDERBURG, B.A., J.D.; SENIOR ASSISTANT D EAN. JENELLE MIMS MARSH, B.S., J.D.; SENIOR ASSISTANT DEAN. ELIZABETH U. SADLER, B.A., J.D.; ASSISTANT DEAN. CYNTHIA LEE ALMOND, B.A., J.D.; ASSISTANT DEAN. CLAUDE REEVES BEERS, B.A., J.D.; ASSISTANT DEAN. FACULTY The date following the title indicates the year of first appointment to the Faculty of Law. William L. Andreen, B.A. (College of Wooster), J.D. (Columbia); Edgar L. Clarkson Professor of Law, 1983. Carol Rice Andrews, B.S., J.D. (Illinois); Professor of Law, 1995. Donald W. Baker, B.A. (Southern Methodist), J.D. (Texas); Ira Drayton Pruitt, Sr. Professor of Law, 1974. William S. Brewbaker III, B.A. (Vanderbilt), J.D. (Virginia), LL.M. (Duke); Professor of Law, 1993. Alfred L. Brophy, A.B. (Pennsylvania), J.D. (Columbia), Ph.D. (Harvard); Professor of Law, 2001. Carol N. Brown, A.B., J.D., LL.M. (Duke); Assistant Professor of Law, 2001. James D. Bryce, B.A., J.D. (Columbia), LL.M. (New York University); Joseph D. Peeler Professor of Law, 1978. Pamela H. Bucy, B.A. (Austin College), J.D. (Washington University); Frank M. Bainbridge Professor of Law, 1987. Harry Cohen, B.A., J.D. (Tulane); Marc Ray Clement Professor Emeritus of Law, 1954. Joseph A. Colquitt, B.S., J.D. (Alabama), M.J.S. (Nevada-Reno); Jere L. Beasley Professor of Law and Director of Trial Advocacy Programs, 1991. Camille W. Cook, A.B., J.D. (Alabama); John S. Stone Professor Emerita of Law, 1968. Alan L. Durham, B.A. (Pomona College), J.D. (University of California, Berkeley); Associate Professor of Law, 1998. Steven C. Emens, B.S. (University of North Alabama), M.B.A., J.D. (Alabama); Associate Dean and Director of Continuing Legal Education Program, Professor of Clinical Legal Instruction, 1980. Bryan Keith Fair, B.A. (Duke), J.D. (UCLA); Thomas E. Skinner Professor of Law, 1991. Daniel M. Filler, A.B. (Brown), J.D. (New York University); Associate Professor of Law, 1998. Tony Allan Freyer, A.B. (San Diego State University), M.A., Ph.D. (Indiana University); University Research Professor of History and Law, 1984. J. Noah Funderburg, B.A. (Auburn), J.D. (Alabama); Senior Assistant Dean and Professor of Clinical Legal Instruction, 1982. Charles W. Gamble, B.S. (Jacksonville State University), J.D. (Alabama), LL.M. (Harvard); Henry Upson Sims Professor of Law, 1982. George S. Geis, B.S. (University of California at Berkeley), M.B.A., J.D. (University of Chicago); Assistant Professor of Law, 2003. Susan Pace Hamill, B.A. (Emory), J.D. (Tulane), LL.M. (New York University); Professor of Law, 1994. Nathaniel Hansford, B.S., LL.B. (Georgia), LL.M. (Michigan); William Alfred Rose Professor Emeritus of Law, 1975. William H. Henning, B.A. (University of Tennessee-Chattanooga), J.D. (University of Tennessee), LL.M. (University of Illinois); Distinguished Visiting Professor of Law, 2003. Steven H. Hobbs, B.A. (Harvard), J.D. (Pennsylvania); Tom Bevill Chairholder of Law, 1997. Timothy Hoff, A.B., J.D. (Tulane), LL.M. (Harvard); Gordon Rosen Professor Emeritus of Law, 1970. Jerome A. Hoffman, A.B., J.D. (Nebraska); Elton B. Stephens Professor Emeritus of Law, 1971. Wythe Holt, B.A. (Amherst), J.D., Ph.D. (Virginia); University Research Professor of Law, 1966. Harry Hopkins, B.A. (University of Southern Mississippi), LL.B. (Tulane University School of Law); Distinguished Visiting Professor of Law, 2001. Guy Thomas Huthnance, B.S., J.D. (Alabama); Professor Emeritus of Law, 1963. Thomas L. Jones, B.S., J.D. (Kentucky), LL.M. (Michigan); Alumni (Class of ’36) Professor Emeritus of Law, 1962. Robert R. Kuehn, B.A., (Duke), J.D. (George Washington), LL.M. (Columbia), M.P.H. (Harvard); Director of Clinical Programs and Professor of Law, 2001. James B. Leonard, B.A., M.S., J.D. (North Carolina at Chapel Hill); Director of Law Library and Professor of Law, 1997. Suzette M. Malveaux, A.B. (Harvard), J.D. (New York University); Assistant Professor of Law, 2003. Gene A. Marsh, B.S., M.S. (Ohio State), J.D. (Washington and Lee); James M. Kidd, Sr., Professor of Law, 1991. Martha I. Morgan, B.S. (Alabama), J.D. (George Washington); Robert S. Vance Professor of Law, 1979. Joe C. Morrison, B.A., J.D. (Alabama); Professor of Clinical Instruction and Clinic Attorney and Director of the Public Defender Program, 1980. Kenneth C. Randall, B.A. (Adelphi), J.D. (Hofstra), LL.M. (Yale), LL.M., J.S.D. (Columbia); Dean and Thomas E. McMillan Professor of Law, 1985. Susan Lyons Randall, B.A. (North Carolina at Chapel Hill), J.D. (Columbia); Professor of Law, 1992. Kenneth Rosen, B.S. (Cornell), J.D. (Yale), LL.M. (University of London); Assistant Professor of Law, 2003. Norman J. Singer, B.S. (Pennsylvania), J.D. (Boston University), S.J.D. (Harvard); Charles O. Stokes Professor of Law and Anthropology, 1971. Norman P. Stein, B.A. (New College), J.D. (Duke); Douglas Arant Professor of Law, 1984. David R. Stras, B.A., J.D., M.B.A. (University of Kansas); Hugo Black Faculty Fellow, 2003. George Peach Taylor, B.A. (Birmingham-Southern), LL.B. (Alabama); Professor Emeritus of Law, 1974. Richard Ashley Thigpen, B.A., M.A., J.D., LL.D. (Alabama), LL.M. (Yale); John J. Sparkman Professor Emeritus of Law, 1970. LEGAL W RITING L ECTURERS Kimberly Keefer Boone, B.A. (Huntingdon College), J.D. (Alabama); Director of Legal Writing; 2003. Noel G. Delchamps, B.S. (Alabama), J.D. (Alabama); 2003. J. Scott England, B.A. (Truman State University), J.D. (Northwestern); 2003. Daniel C. Powell, B.A. (Vanderbilt), M.A. (Virginia), J.D. (Alabama); 2000. The Journal of the Legal Profession The University of Alabama School of Law Managing Board Angela C. Cameron, Editor-in-Chief J. Alick Henderson, Managing Editor Catherine Houston Richardson, Senior Lead Editor Deanna Weidner, Senior Lead Editor Allison Williams, Senior Lead Editor Jeremy Carlson, Law Review Articles Editor Anthony Collins, Jr., Ethics Opinions Editor Amanda Morgan, Internet Editor Senior Editors Clint Eubanks Jennifer McPherson Hughes Ward Henneker Richard J. Pearson, Jr., Ph.D. Richard W. Holmes Leah Wilson Junior Editors Zachery Annable Brett Lane Jay Averitt Rachel McGinley Brooke Bacak Ashley McIntyre Justin Barkley Kinan Obeidin John Clark Monica Richey Marshall Crutcher Heather Rushing Jennifer Faucett Chris Schwan Bradley Hayes Houston Smith Alison Herlihy Stephen Still Shane Sumrall Faculty Advisors: Professor Steven H.
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