Behavioral Legal Ethics:
A Behavioral Approach to Lawyer Mistake and Apology
New England Law Review’s Fall 2016 Symposium
Thursday, November 10, 2016
Cherry Room, New England Law | Boston
The New England Law Review fall paper symposium will be held on November 10th at 4:30 p.m. in the Cherry Room at New England Law | Boston. It will showcase Associate Dean Catherine Gage O’Grady’s article, “A Behavioral Approach to Lawyer Mistake and Apology.” Response articles will include:
- Professor Donald Langevoort, Lawyers, Impression Management and the Fear of Failure
- Professors Nancy Sachs and Milton Regan, Jr., Behavioral Ethics and the Four-Component Model of Moral Judgment and Behavior
- Professor Wallace Mlyniec, Lawyering Practice: Uncovering Unconscious Influences Before Rather Than After Errors Occur
- Professor Tigran Eldred, Moral Courage in Indigent Defense
The symposium will feature a panel comprised of Dean O’Grady; Professor Paul Tremblay (Clinical Professor of Law and Law School Fund Distinguished Scholar, Boston College Law School); Barbara Bowe, LICSW (Lawyers Concerned for Lawyers); and Professor Tigran Eldred.
Catherine Gage O’Grady, Keynote Speaker
Associate Dean Catherine Gage O’Grady is the Associate Dean of Academic Affairs and Professor of Law at The University of Arizona James E. Rogers College of Law. Associate Dean O’Grady’s research focuses on behavioral legal ethics, an area of study that draws on empirical research in cognitive and social psychology to explore the many subtle and often unconscious influences on lawyering and ethical decision-making. Her work usually includes a specific focus on the new attorney’s unique professional perspective in making ethical decisions. In addition to serving as Associate Dean of Academic Affairs, Dean O’Grady teaches Civil Procedure and Professional Responsibility. She is an elected member of the American Law Institute.
Professor Eldred came to New England Law after teaching at New York University Law School, Hofstra University School of Law, and Lewis & Clark Law School. He has served as a public defender, civil rights lawyer, and human rights advocate.
Professor Eldred was an attorney with the Lawyers Committee for Human Rights, serving as a consultant for the Policing Program and as national outreach director, as well as the Criminal Appeals Bureau and Federal Defender Division of the Legal Aid Society in New York and Brooklyn, New York, respectively.
Professor Eldred’s research explores the regulation and psychology of decision-making of lawyers in various contexts, including criminal law and legal ethics. He has published in the Hofstra Law Review, Rutgers Law Review, and Kansas Law Review, among others.
Paul R. Tremblay is a Clinical Professor of Law at Boston College Law School. A member of the faculty since 1982, he teaches clinical courses at BC Legal Services LAB within the Center for Experiential Learning. He served as the Associate Dean for Experiential Learning until 2015. Professor Tremblay also teaches a professional responsibility course each year. Prior to his appointment at Boston College Law School, Professor Tremblay was a Senior Attorney at the Legal Aid Foundation of Los Angeles, and an instructor at UCLA School of Law.
Professor Tremblay directs the Community Enterprise Clinic, Boston College Law School’s transactional clinical course. In the Community Enterprise Clinic, students represent low- and moderate-income entrepreneurs, small businesses, and nonprofit organizations. The mission of the Community Enterprise Clinic is to support economic progress in under-resourced neighborhoods, and to offer a vibrant educational experience to students interested in business law, transactional work, and community economic development.
Before developing the transactional clinic, Professor Tremblay taught civil litigation and housing law clinics at LAB.
Professor Tremblay is actively involved in matters of professional ethics, transactional practice, interdisciplinary collaboration, and legal services for the poor. He has been a member of the Boston Bar Association’s Ethics Committee since 1993, and a board member of Lawyers Clearinghouse since 2010. He has also served on the Executive Committee of the AALS Section on Professional Responsibility. Professor Tremblay is the co-author of two textbooks used in law school clinics around the country, and more than 25 law review articles.
Professor Tremblay was the recipient of the 2004 Outstanding Advocate for Clinical Teachers Award from the Clinical Legal Education Association and was awarded the Emil Slizewski Excellence in Teaching Award in 2008.
Barbara J. Bowe, LICSW, has been a clinician at the Massachusetts Lawyers Concerned for Lawyers program since 1996. In her LCL capacity she works with all nine Massachusetts law schools, and the Deans of Students, career services and various faculty regarding law student issues and concerns. Bowe works closely with law students on issues related to character and fitness concerns arising from bar applications and hearings before the Board of Bar Examiners. Her work with law students often involves consultation, evaluation, and referral assistance so they are properly prepared to become lawyers. She is a highly popular speaker on issues related to performance and wellness concerns.
For the past fifteen years, Bowe has facilitated a group for lawyers involved with disciplinary issues with the Massachusetts Board of Bar Overseers. In some cases the lawyers have been suspended or disbarred, and actively engage in the group work to understand the issues leading to the disciplinary issue, to take ownership of appropriate issues, and prepare for a new beginning.
Bowe has provided in-service trainings on stress, time management, dealing with adversity, resistance to change, and intervening with impaired attorneys to a wide range of lawyers, students, and the Judiciary.
She is a 1985 graduate of Boston University School of Social Work, and has managed and provided clinical services in at both inpatient and outpatient hospital-based programs in Boston (St. Elizabeth’s Hospital, Adcare Hospital & Westwood Lodge Hospital) in addition to her work with EAP programs.
Barbara Bowe maintains a private practice in Brookline, Massachusetts.
Hon. Barbara Dortch-Okara
In December 2013, Professor Dortch-Okara was appointed chair of the Massachusetts State Ethics Commission. During her 39 years as an attorney and judge, she served as associate justice of the Massachusetts Superior Court for 23 years before retiring in 2012. In 1998, Judge Dortch-Okara was appointed by the Supreme Judicial Court to serve as the Chief Administrative Justice of the Massachusetts Trial Court. She was the first African American and the first woman to hold that position.
Appointed to the bench in 1984, she served as justice of the Boston Municipal Court for five years and was instrumental in launching an alternative sentencing program for women. Formerly, Professor Dortch-Okara held positions as associate general counsel of the Massachusetts Port Authority, attorney adviser for the Massachusetts office of the U.S. Department of the Interior, and assistant corporation counsel for the City of Boston. Professor Dortch-Okara received the Massachusetts Black Lawyers Association’s 2011 Trailblazer Award, the Massachusetts Academy of Trial Attorneys’ 2007 Judicial Excellence Award, and an honorary doctor of laws degree in 1996 from New England Law. She teaches Criminal Law, Evidence, and the Law & Ethics of Lawyering, and is co-coordinator of the Charles Hamilton Houston Enrichment Program.
For more information on this symposium, please contact:
Briana Matuszko, Business Managing Editor