the united states law week
TRANSCRIPT
Nobody can read all thenew law, but with —
THE UNITED STATES
LAW WEEKyou can keep up with thereally significant new law
You know that thousands of deci-sions and rulings pour from the courtsand federal agencies every year. LAWWEEK guards you against missing asingle development of legal importance. . . yet saves you time by reducing yourreading load!
• To do this, LAW WEEK'S staff oflawyer-editors research hundreds ofopinions and rulings every week to findthe precedent-setting few that makenew law. These significant cases aredigested for you under quick referencetopic headings in the appropriate sec-tions designated: 1.) New Court Deci-sions; 2.) Federal Agency Rulings; 3.)Supreme Court Opinions.
• To save even more of your time, themore significant opinions and rulingsappearing in all sections of LAW WEEKare highlighted in a special Summary
and Analysis section — a five-minute.terse evaluation of the effect of thesedevelopments on current law.
• A key feature of LAW WEEK is itshigh-speed reporting of U.S. SupremeCourt opinions — in full text—accom-panied by crisp and accurate summarydigests. Mailed the same day they arehanded down, these exact photographicreproductions of the Court's opinionseliminate the possibility of printingerrors.
• LAW WEEK also gives you full textsof all federal statutes of general inter-est, immediately after the Presidentsigns them.
• And for easy reference, LAW WEEKis fully indexed — by topic and by casetitle — both for general law and Su-preme Court actions.
Practicing attorneys: Write for details aboutour no-risk, 45-day approval offer.
THE BUREAU OF NATIONAL AFFAIRS, INC.1231 25th Street, N.W., Washington, D.C. 20037Telephone: 202—452-4500
GET LOST!When you're looking for quickanswers from the Government,When your client needs to knowmore about his opponent orcompetitor, When your client'sgroup needs to see what the FBIor CIA have on file about them,When the cause of that accidentis locked in a federal agency filesomewhere out of reach...
A Federal Agency will tellyou: GET LOST—But get
FEDERAL INFORMATIONDISCLOSURE Instead!(by James T. O'Reilly)
For the first time, in one comprehensive and reliablesourcebook, a complete guide to getting informa-tion out of the government's files and protectingyour client's right to keep his file information safefrom competitors! The costs of trade secret protec-tion don't matter if your client's secrets are beinggiven away; the costs of a piece of information notavailable to you before trial may be more than youthink. In one clearly-written, comprehensive andreadable text, you'll find the solutions to getting,using and even protecting information under theFreedom of Information Act, the Privacy Act, andthe new Government in the Sunshine Act. As law-yers participate more in federal decision-makingand as your clients come to realize their need forgovernment information without long delays andwithout getting lost in the maze—Federal Informa-tion Disclosure is a book for today's attorney.
D Please send me Federal Information Disclosure atthe $50.00 price plus $1.50 postage & handling. Pur-chase includes my order for all future upkeep service.
D Please notify me of availability of future upkeep service.D I would like to examine for 30 days without obligation.a Have your representative call on me.D Charge my Shepard's account number ............D Check enclosed Shepard's pays postage & handling.D Bill me n Bill FirmShip to:
Name ..........................................Address ........................................City .................... State ............. Zip .......Ordered By ......................................Signature .......................................
Orders subject lo acceptanuntil paid lor in lull Terms
(Accident Reports^
FBI FilesZ33c= TradeSecretv ~TB""M|
Vinancial Plan's)
in Colorado Springs Title remainsailable No carrying charges
Some topics:* Getting into closed meetings that decide your
client's financial future, inside the federal agency.* Getting access to the FBI's file on your client...* Protecting your client's trade secrets from
dissemination by federal agencies...* Finding out competitors' plans and future
movements. ..* The Freedom of Information Act* The Privacy Act* Government in the Sunshine* Other Federal Disclosure and Secrecy Laws
ABOUT THE AUTHORJAMES T O'REILLY is Counsel for Food, Drug & Product Safetyfor Procter & Gamble Co. He is the author of eleven articles, insuch journals as Business Lawyer, Labor Law Journal, andVirginia Bar News, and has spoken at conferences on thebusiness impact of the Freedom of Information Act. A graduate ofthe University of Virginia, he has worked as law clerk for anadministrative law judge in a large federal agency, and is amember of the Virginia and Ohio Bars.
Aparo*. eOOptgtt, loot* Ira/, 1977 Copyright, $50.00
To be supplemented annually.
Published and for sale by
SHEPARD'S,Inc. of Colorado Springs
Post Office Box 1235Colorado Springs, Colorado 80901
(303) 633-5521
^^i
HOFSTRA IAW REVIEW
Volume 6, No. 3, Part IISpring 1978
HEMPSTEAD, NEW YORK 11550
I Cite as 6 HOFSTRA L. REV. 1
HOFSTRA IAW REVIEWMEMBER, NATIONAL CONFERENCE OF LAW REVIEWS
Volume 6, No. 3, Part IISpring 1978
NEAL ROBERT PLATT
Articles EditorsJOAN A. KING
CAROL A. LIEB
Articles & Book ReviewsEditor
NANCY B. MCALLISTER
Editor-in-ChiefSCOTT M. HIMES
Managing Editors
Notes if CommentsEditors
STEVEN M. COHENJULIE D. FAY
TERRI S. FEINSTEINSARA SILL
SUSAN A. MILLS
Recent DevelopmentsEditor
RENEE G. MAYER
Research EditorsSANFORD M. ADLERROBERTA BENDER
JANET E. BELKINJAMES A. BERNSSTEWART M. CASPERHARRIS N. COGANDAVID M. COHEN
PATTI ANN ALLEVAGARY A. BARASHSHARON F. CARTONDEBRA L. DINOWITZMARTHA T. EIDER-ORLEYKIM FASSANDREA BAYER FELDERMARC S. FLEISHERMICHAEL I. FRIEDMANCAROLYN GELLER
Associate EditorsMICHAEL RICKY GOLDENNESSA E. MOLLMICHAEL DONALD PATRICKRANDI B. ROSENBLATTLYNN F. SAMUELS
StaffCLIFFORD M. GERBERTIMOTHY GILBERTNANCY E. GOLDJEFFREY GROSSMANSHIRLEY JAYLESLEY BETH MAGARILBARBARA BROOKE MANNINGDEBORAH C. MORITZJOHN PACHT
EZRA D. SINGERSTEVEN C. SPRONZRANDYE BETH STEINLIAM FIONNBARRA TWOMEYMARILYN LABB ZEITLAN
ABIGAIL I. PETERSENCAROL ANN PISANOMARGOT RAUCATHERINE SAMUELSNEAL STEVEN SCHELBERGKATHE J. TYRRELLJULIE WACHSTHOMAS C. WALESPETER G. WARRENDEBORAH BLACK ZWANY
LEON FRIEDMANFaculty Advisors
AARON D. TWERSKIEUGENE M. WYPYSKI
HOFSTRA UNIVERSITY SCHOOL OF LAWADMINISTRATIVE OFFICERS
Aaron D. Twerski, B.S., J.D., Interim Dean and Professor of LawStuart Rabinowitz, B.A., J.D., Associate Dean and Associate Professor of LawMarilyn Monter, B.A., J.D., Assistant DeanEugene M. Wypyski, LL.B., M.L.S., Law Librarian and Professor of LawKaren Bragg, B.A., M.S., J.D., Reference LibrarianRichard P. Cronin, B.A., J.D., Director of PlacementEtta Fafarman, Administrative Assistant for AdmissionsLore Furst, Assistant to the DeanDeborah Goldstein, B.A., M.L.S., Acquisitions LibrarianCharlotte Z. Hoffer, B.S., Assistant to the DeanEllen Mawhinney, B.S., M.L.S., Head CatalogerDavid Weiss, B.A., J.D., Assistant Law Librarian
FACULTYBurton C. Agata, B.A., J.D., LL.M., Professor of LawMarina Angel, B.A., J.D., Associate Professor of LawLeonard B. Boudin, B.S.S., LL.B., Distinguished Visiting ProfessorLinda K. Champlin, B.A., LL.B., Associate Professor of LawHoward I. Cohen, B.S., M.A., LL.B., Special Professor of LawDavid A. Diamond, A.B., LL.B., LL.M., Associate Professor of LawStuart J. Filler, B.B.A., M.B.A., J.D., Professor of Law and Director of Clinical
ProgramsMonroe H. Freedman, A.B., LL.B., LL.M., Professor of LawLeon Friedman, A.B., LL.B., Associate Professor of LawVictor Futter, B.A., LL.B., Special Professor of LawWilliam R. Ginsberg, B.A., J.D., Associate Professor of LawJohn DeWitt Gregory, B.A., J.D., Professor of LawLinda Hirschson, A.B., LL.B., LL.M., Associate Professor of Law (on leave 1977-78)David K. Kadane, B.A., LL.B., Professor of LawSusan M. Kane, A.B., J.D., Research FellowLawrence W. Kessler, B.A., J.D., Associate Professor of LawEric Lane, B.A., M.A., J.D., Associate Professor of LawMalachy T. Mahon, B.A., J.D., Professor of LawAbraham P. Ordover, B.A., J.D., Professor of LawDaniel Q. Posin, Jr., B.A., M.A., J.D., LL.M., Associate Professor of LawAlan N. Resnick, B.A., J.D., LL.M., Associate Professor of LawSheila Rush, B.A., J.D., Professor of LawDavid G. Sacks, B.A., LL.B., Special Professor of LawEric J. Schmertz, B.A., J.D., Professor of LawStephen R. Senie, B.A., LL.B., Special Professor of LawRonald H. Silverman, B.A., J.D., Associate Professor of LawBrenda S. Soloff, A.B., LL.B., Associate Professor of LawHarvey W. Spizz, B.A., J.D., Special Professor of LawJacob Weissman, A.B., J.D., Ph.D., Professor of EconomicsVictor J. Ambrose, B.A., J.D., Clinical Instructor if Staff Attorney, Community Le-
gal Assistance CorporationSusan J. Bryant, B.A., J.D., Clinical Instructor if Staff Attorney, Community Legal
Assistance CorporationSondra R. Harris, B.A., J.D., Clinical Instructor and Staff Attorney, Tax Clinic
Community Legal Assistance CorporationSusan Kluewer, A.B., J.D., Clinical Instructor and Staff Attorney, Community Legal
Assistance CorporationCharles J. McEvily, A.B., J.D., Clinical Instructor and Executive Director of Com-
munity Legal Assistance CorporationMarjorie H. Mintzer, A.B., J.D., Clinical Instructor and Staff Attorney, Community
Legal Assistance Corporation
HOFSTRA JAW REVIEWVolume 6, No. 3, Part II Spring 1978
CONTENTS
SYMPOSIUM ON PROFESSIONAL RESPONSIBILITY
DEDICATED TO MONROE H. FREEDMAN
INTRODUCTION: A PROFESSIONAL AGENDA............................... Andrew L. Kaufman 619
THE PERRY MASON PERSPECTIVE AND OTHERS: A CRITIQUE
OF REDUCTIONIST THINKING ABOUT THE ETHICS OFUNTRUTHFUL PRACTICES BY LAWYERS FOR "INNOCENT"
DEFENDANTS ...................... Carl M. Selinger 631
THE CRIMINAL DEFENDANT WHO PROPOSES PERJURY: RE-
THINKING THE DEFENSE LAWYER'S DILEMMA
.................................. Norman Lefstein 665
THE ATTORNEY-CLIENT PRIVILEGE AND CLIENT'S CON-STITUTIONAL RIGHTS ............. David E. Seidelson 693
ZEAL AND FRIVOLITY: THE ETHICAL DUTY OF THE APPEL-LATE ADVOCATE TO TELL THE TRUTH ABOUT THE LAw
................................ H. Richard Uviller 729ESSAYS FROM THE BENCH AND BAR
"ASSISTANCE OF COUNSEL FOR HIS DEFENCE": THE PROBLEM
OF CONFLICTS OF INTEREST ............ Jacob Mishler 739
EVEN IF You THINK YOUR CLIENT WILL WIN, YOU MAY
HAVE THE RESPONSIBILITY TO URGE SETTLEMENT ANY-
WAY .................................. Sol W achtler 745
JUDICIAL LEGITIMACY AND THE DISINTERESTED JUDGE
..................... M. H. Hoeflich and Jan G. Deutsch 749
ETHICS, FEDERAL PROSECUTORS, AND FEDERAL COURTS:SOME RECENT PROBLEMS .......... Lee A. Adlerstein 755
CERTIFICATION OF TRIAL LAWYERS-THE JUDICIOUS
STRUCTURING OF THE AMERICAN LEGAL PROFESSION..................................... Harry Cohen 793
ACCESS TO STATE BAR EXAMINATIONS FOR FOREIGN-
TRAINED LAW SCHOOL GRADUATES.............................. Douglass G. Boshkoff 807
Published quarterly by the Hofstra Law Review Association. The current subscription rate istwelve dollars per volume. Individual issues are available at four dollars per copy. Subscrip-tion renewals will be automatic unless notice to the contrary is received. All communicationsshould be addressed to: Hofstra Law Review Association, Hofstra University School of Law,Hempstead, New York 11550.
0 Copyright 1978 by the Hofstra Law Review Association.
This issue is dedicated to
MONROE H. FREEDMAN
MONROE H. FREEDMAN
The Board of Editors warmly dedicates this Symposium onProfessional Responsibility to Monroe H. Freedman, Professor ofLaw at the Hofstra University School of Law and Dean of the LawSchool from 1973 to 1977. During Professor Freedman's tenure asDean, he further established the Law School as an institutioncommitted to superior legal education and to progressive legalthought. Also during these important formative years for the LawSchool, Professor Freedman helped create a unique and excitingatmosphere for the study of law. Consequently, Professor Freed-man has indelibly influenced the development of the Law School.
As a scholar and practitioner, Professor Freedman has longbeen identified with issues of professional responsibility. Fre-quently a critic of traditional views of professional conduct, he hasoften raised long-ignored ethical questions. Thus, ProfessorFreedman's scholarship has contributed significantly to the legalcommunity's current self-examination. Accordingly, it is appro-priate that we dedicate this Symposium to Professor Freedman.
This Symposium is a further exploration of many of the long-ignored questions of professional responsibility. The contributionsin this Symposium are important not only for the answers suggestedbut also for the questions asked--questions which do not merelyconfront isolated issues of professional responsibility but, morefundamentally, examine the proper role of the bar in contemporarysociety.