Conference Program
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First Class Mail U.S. Postage SCHOOL OF LAW PAID 121 Hofstra University, Hempstead, New York 11549-1210 Hofstra University Sunday, Monday and Tuesday October 14, 15 and 16, 2007 Conference Director Professor Roy D. Simon Conference Coordinator Dawn Marzella 7 0 / 9 : PROGRAM 0 9 3 7 LEGAL ETHICS: LAWYERING AT THE EDGE UNPOPULAR CLIENTS, DIFFICULT CASES, ZEALOUS ADVOCATES Stuart Rabinowitz Nora V. Demleitner Roy D. Simon President and Andrew M. Boas Interim Dean and Professor of Law Howard Lichtenstein Distinguished and Mark L. Claster Distinguished Hofstra Law School Professor of Legal Ethics Professor of Law, Hofstra University Hofstra Law School Conference Director KEYNOTE ADDRESS BANQUET ADDRESS Michael E. Tigar Gerald B. Lefcourt Research Professor of Law, Washington College of Law, Law Offices of Gerald B. Lefcourt Visiting Professor, Duke Law School New York, NY Professeur Invite, Universite Paul Cezanne CONFERENCE SPEAKERS Lonnie T. Brown, Jr. Glenda Grace Andrew Perlman Associate Professor of Law Visiting Assistant Professor Associate Professor University of Georgia School of Law Hofstra Law School Suffolk University Law School Raymond Brown Jeanne P. Gray Burnele V. Powell Attorney, Greenbaum, Rowe, Smith & Davis Director, Center for Professional Responsibility Miles and Ann Loadholt Professor of Law Woodbridge, NJ American Bar Association University of South Carolina School of Law Alafair S. Burke Bruce Green Roy D. Simon Associate Professor of Law Stein Professor of Law, Fordham University Howard Lichtenstein Distinguished Professor Hofstra Law School School of Law of Legal Ethics, Hofstra Law School James Farragher Campbell Joel Hirschhorn Abbe Smith Attorney, Campbell, DeMetrick & Jacobo Attorney, Hirschhorn & Bieber P.A . Professor of Law, Georgetown University Law San Francisco, CA Coral Gables, FL Center; Co-Director, Criminal Justice Clinic and E. Barrett Prettyman Fellowship Program I. Bennett Capers Ronald Kuby Associate Professor of Law Law Offices of Ronald Kuby, New York, NY Clive Stafford-Smith Hofstra Law School Founder and Legal Director Gerald B. Lefcourt Reprieve, London, England Angela J. Davis Law Offices of Gerald B. Lefcourt Professor of Law, Washington College of Law New York, NY John Steele American University Fish & Richardson P.C. Lisa Lerman Silicon Valley, CA Eric M. Freedman Professor, Columbus School of Law Maurice A. Deane Distinguished Professor of The Catholic University of America Lynne Stewart Constitutional Law, Hofstra Law School New York, NY Adam Liptak Monroe H. Freedman National Legal Correspondent Ralph J. Temple Professor of Law, Hofstra Law School The New York Times Attorney, Ashland, OR Leon Friedman Richard P. Mauro Charles W. Wolfram Joseph Kushner Distinguished Professor of Attorney at Law , Salt Lake City, UT Charles Frank Reavis Sr. Professor of Law Civil Liberties Law, Hofstra Law School Emeritus, Cornell Law School Kevin McMunigal Stephen Gillers Judge Ben C. Green Professor, Case Western Ellen Yaroshefsky Emily Kempin Professor of Law Reserve University School of Law Clinical Professor of Law and New York University School of Law Executive Director, Jacob Burns Ethics Center, Benjamin N. Cardozo School of Law 2007 LEGAL ETHICS CONFERENCE 1 A Message From the Conference Director Sunday, October 14, 2007 This is Hofstra’s sixth major conference on legal ethics. (We previously held conferences in 1996, SESSION I 1998, 2001, 2003 and 2005.) By holding these conferences once every two or three years rather than annually, we can devote greater resources to each conference. 8 a.m.-4 p.m. CONFERENCE REGISTRATION This conference differs somewhat from our past conferences in that we have invited many more Barbara and Maurice A. Deane Law Library Foyer practicing lawyers to speak than usual because the subject of this year ’s conference, lawyering at Hofstra Law School the edge, is a subject that demands personal experience as much as academic theory. We need to hear stories and advice from people who have personally explored the outer edges of the legal 9-10:45 a.m. BRUNCH universe and can tell us how they dealt with the challenges they faced on the frontiers. And we Leeds Morelli & Brown Atrium need scholarly analysis of these personal stories to put them in perspective and tie them to the Hofstra Law School, Second Floor larger themes that shape our professional lives. We believe our speakers reflect the best of both worlds – the raw experience of practicing lawyers and the detached analysis of law professors who 10:45-11:00 a.m. WELCOMING REMARKS study legal ethics. Sidney R. Siben and Walter Siben Moot Courtroom Hofstra Law School, Room 308 In presenting these outstanding speakers, our approach is to focus intensely on each individual speaker. We do this in three ways. Michelle Wu Interim Senior Vice Dean for Academic Affairs and First, we give each speaker free rein to choose a topic. (We do not assign topics.) Within the Professor of Law broad theme of lawyering at the edge, each speaker has chosen a topic of particular personal Hofstra Law School interest and importance. Roy Simon Second, we bring each speaker to the podium alone, without any co-panelists, for nearly an hour. Howard Lichtenstein Distinguished Professor of Legal Ethics During the first part of the hour, each speaker will discuss some aspect of lawyering at the edge. Conference Director During the rest of the hour, the floor will be open for questions and comments from the audience. Hofstra Law School (Note that we have standing microphones in the aisles for this purpose.) Third, every session is a plenary session. Therefore, every speaker can address the entire audience, 11:00 a.m.-1:00 p.m. MORNING SESSION and entire audience can hear every speaker. Sidney R. Siben and Walter Siben Moot Courtroom Hofstra Law School, Room 308 We hope that the conference will have a lasting impact on the field of legal ethics. The exchange between the speakers and the audience will influence the shape of the formal papers, many of Stephen Gillers which will be published in a special symposium issue of the HOFSTRA LAW REVIEW next year. We Emily Kempin Professor of Law expect these papers to be widely read and to be in demand in hard copy and on Westlaw for years New York University School of Law to come. The First Thing We Do, Let’s Get Their Lawyers: Assaults on the Bar From the Civil Rights Era to Even more important, we hope that this conference will have a lasting impact on you personally. Charles Stimson and KPMG Whether you teach, practice or use your knowledge of legal ethics in other ways, we hope this conference will provide new ideas that will enhance your professional life. We are delighted that Clive Stafford-Smith you are here. We thank you for attending, and we thank Hofstra University for supporting this Founder and Legal Director, Reprieve, London, England wonderful event. Ethical Challenges at Guantanamo – Roy Simon Conference Director 2 LAWYERING AT THE EDGE 2007 LEGAL ETHICS CONFERENCE 3 A Message From the Conference Director Sunday, October 14, 2007 This is Hofstra’s sixth major conference on legal ethics. (We previously held conferences in 1996, SESSION I 1998, 2001, 2003 and 2005.) By holding these conferences once every two or three years rather than annually, we can devote greater resources to each conference. 8 a.m.-4 p.m. CONFERENCE REGISTRATION This conference differs somewhat from our past conferences in that we have invited many more Barbara and Maurice A. Deane Law Library Foyer practicing lawyers to speak than usual because the subject of this year ’s conference, lawyering at Hofstra Law School the edge, is a subject that demands personal experience as much as academic theory. We need to hear stories and advice from people who have personally explored the outer edges of the legal 9-10:45 a.m. BRUNCH universe and can tell us how they dealt with the challenges they faced on the frontiers. And we Leeds Morelli & Brown Atrium need scholarly analysis of these personal stories to put them in perspective and tie them to the Hofstra Law School, Second Floor larger themes that shape our professional lives. We believe our speakers reflect the best of both worlds – the raw experience of practicing lawyers and the detached analysis of law professors who 10:45-11:00 a.m. WELCOMING REMARKS study legal ethics. Sidney R. Siben and Walter Siben Moot Courtroom Hofstra Law School, Room 308 In presenting these outstanding speakers, our approach is to focus intensely on each individual speaker. We do this in three ways. Michelle Wu Interim Senior Vice Dean for Academic Affairs and First, we give each speaker free rein to choose a topic. (We do not assign topics.) Within the Professor of Law broad theme of lawyering at the edge, each speaker has chosen a topic of particular personal Hofstra Law School interest and importance. Roy Simon Second, we bring each speaker to the podium alone, without any co-panelists, for nearly an hour. Howard Lichtenstein Distinguished Professor of Legal Ethics During the first part of the hour, each speaker will discuss some aspect of lawyering at the edge. Conference Director During the rest of the hour, the floor will be open for questions and comments from the audience. Hofstra Law School (Note that we have standing microphones in the aisles for this purpose.) Third, every session is a plenary session. Therefore, every speaker can address the entire audience, 11:00 a.m.-1:00 p.m. MORNING SESSION and entire audience can hear every speaker. Sidney R. Siben and Walter Siben Moot Courtroom Hofstra Law School, Room 308 We hope that the conference will have a lasting impact on the field of legal ethics. The exchange between the speakers and the audience will influence the shape of the formal papers, many of Stephen Gillers which will be published in a special symposium issue of the HOFSTRA LAW REVIEW next year.