Paul R. Tremblay

clinical professor


Paul Tremblay

At a glance...
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Clinical Professor
Law School

tremblap@bc.edu

Office Location
Law School
EW420/
Legal Assistance Bureau

    BACKGROUND

Paul R. Tremblay is a Clinical Professor of Law and Law Fund Research Scholar at Boston College Law School. A member of the faculty since 1982, he teaches clinical courses at the Boston College Legal Assistance Bureau as well as classroom courses in legal ethics and professional responsibility. 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.

In January, 2008, Professor Tremblay launched a new transactional clinical course at Boston College Law School, the Community Enterprise Clinic. In the Community Enterprise Clinic, students represent low- and moderate-income entrepreneurs, small businesses, and nonprofits. 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 offering the transactional clinic, Professor Tremblay taught civil litigation and housing law clinics at LAB.

Professor Tremblay has considerable interest in professional ethics, interdisciplinary collaboration, and legal services for the poor. He has been a member of the Boston Bar Association Ethics Committee since 1993, and he has served on the Executive Committee of the AALS Section on Professional Responsibility. He has published in several scholarly journals on matters of professional ethics, including articles on lawyers' obligations with questionably competent clients, on rationing legal services for the poor, and on a method of ethical decision making known as “casuistry.” His forthcoming article, “Public Health Legal Services,” will appear in 2008 in Volume 15 of the Georgetown Journal on Poverty Law & Policy.

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.

EDUCATION

B.A., Boston College; J.D., University of California at Los Angeles.

RECENT ACTIVITIES

Works in Progress: "Shadow Lawyering: NonLawyer Practice within Law Firms." Indiana Law Journal vol. 85 (forthcoming 2009)

Presentations: “Public Health Legal Services” article presented at Symposium on “The First Wealth Is Health”: The Nexus of Health, Poverty, and the Law, sponsored by the Georgetown Journal on Poverty Law and Policy and the O’Neill Institute for Global and National Health Law, Georgetown University Law Center, March, 2008.

Guest invited to discuss his article “Migrating Lawyers and the Ethics of Conflict Checking” at ABA Firm Counsel Project’s meeting, Mintz Levin Cohn Ferris Glovsky & Popeo, Boston, January, 2008 (the same article was the focus of ABA Firm Counsel Project meetings across the country in January, 2008).

Presenter, Plenary on Cultivating Cross-Cultural Competence, at “Law as a Healing Profession” Conference, Touro Law Center, November, 2007.

Faculty Trainer, Experiential Education Methods Workshop, sponsored by Temple University Beasley School of Law and Tsinghua University, Beijing, China, July, 2007.

Activities: Member of the Boston Bar Association Ethics Committee since 1993, and co-chair 2000-2003.

Ethics Consultant, National Disability Rights Network, Protection & Advocacy Group.

Appointments: Named a Law Fund Research Scholar by Dean John Garvey.

Other: Recipient of the 2004 Outstanding Advocate for Clinical Teachers Award from the Clinical Legal Education Association at the Association of American Law Schools Conference on Clinical Legal Education, San Diego, California, in May 2004.

COURSES

Fall '09: No courses taught
Spring '10: Community Enterprise Clinic; Community Enterprise Clinic Class; Professional Responsibility

PUBLICATIONS

  • With David I. Schulman, Ellen Lawton, Randye Retkin, Megan Sandel. "Public Health Legal Services: A New Vision." Georgetown Journal on Poverty Law and Policy 15 (Fall 2008): 729-759.
  • "Forming Involuntary Client Relationships." Boston Bar Journal  52, no.1 (Jan./Feb. 2008): 12-13.
  • "Critical Legal Ethics." (Review of Lawyers' Ethics and the Pursuit of Social Justice: A Critical Reader, edited by Susan D. Carle.) Georgetown Journal of Legal Ethics 20 (Winter 2007): 133-161.
  • With Alexis Anderson & Lynn Barenberg. "Professional Ethics in Interdisciplinary Collaboratives: Zeal, Paternalism and Mandated Reporting." Clinical Law Review  13 (2007): 659-718.
  • With Carwina Weng. "Multicultural Lawyering: Heuristics and Biases." In The Affective Assistance of Counsel: Practicing Law as a Healing Profession [edited by] Marjorie A. Silver, 143-182. Durham, NC: Carolina Academic Press, 2007.
  • "'Pre-Negotiation' Counseling: An Alternative Model."  Clinical Law Review  13 (2006): 541-571
  • "Migrating Lawyers and the Ethics of Conflict Checking." Georgetown Journal of Legal Ethics 19 (Spring 2006): 489-549.
  • With J. Charles Mokriski. “Respondeat Superior: Never Send to Know for Whom the Bell Tolls: It Tolls for Thee.” Boston Bar Journal 49, no.5 (November/December, 2005): 16-17.
  • With J.Charles Mokriski. "Zeal By All Means, But Only Within the Rules." Boston Bar Journal (March/April 2004): 16-17.
  • With David A. Binder, Paul Bergman, Susan C. Price. Lawyers as Counselors: A Client-Centered Approach. 2nd ed. St. Paul, MN : Thomson West, 2004.
  • "Practicing Safe Law." Review of Massachusetts Professional Responsibility, 2nd ed., by Gilda Tuoni Russell. Massachusetts Lawyers Weekly 32 (October 6, 2003): 311.
  • With Robert F. Cochran, Jr., Deborah L. Rhode, Thomas L. Shaffer. "Symposium: Client Counseling and Moral Responsibility." Pepperdine Law Review 30: no.4 (2003): 591-639.
  • With Pamela Tames et al. "Commentary: The Lawyer Is In: Why Some Doctors Are Prescribing Legal Remedies for their Patients, and How the Legal Profession Can Support this Effort." The Boston University Public Interest Law Journal 12: no.2-3 (Spring/Summer 2003): 505-527.
  • "Moral Activism Manqué." South Texas Law Review 44: no.1 (Winter 2002) (Symposium: The Ethics of Litigation): 127-183.
  • "Interviewing and Counseling Across Cultures: Heuristics and Biases." Clinical Law Review 9: no.1 (2002): 373-416.
  • "Researching Ethical Issues." In Ethical Lawyering in Massachusetts, vol.2 (2002 supplement), edited by James S. Bolan and Kenneth Laurence, 25-i-ii - 25-14. Boston: Massachusetts Continuing Legal Education, 2002.
  • "The No-Contact Rule in Massachusetts Post Messing." Boston Bar Journal 46: no.4 (September/October 2002): 10-13.
  • "Shared Norms, Bad Lawyers, and the Virtues of Casuistry." University of San Francisco Law Review 36 (Spring 2002): 659-710.
  • "A Primer on the Ethical Duties of a Lawyer Who Represents a Questionably Competent Client." In Ethical Issues for Legal Services Attorneys, edited by Lynn A. Girton, Chair, 67-80. Boston: MCLE, Inc., 2000.
  • "The New Casuistry." Georgetown Journal of Legal Ethics 12 (Spring 1999): 489-542.
  • "Acting 'A Very Moral Type of God': Triage Among Poor Clients." Fordham Law Review 67 (April 1999): 2475-2532.
  • "The Crisis of Poverty Law and the Demands of Benevolence." Annual Survey of American Law 1997: 767-781.
  • "Coherence and Incoherence in Values-Talk." Clinical Law Review 5 (1998): 325-332. "Practiced Moral Activism." St. Thomas Law Review 8 (Fall 1995): 9-68.
  • "Impromptu Lawyering and De Facto Guardians." Fordham Law Review 62 (March 1994): 1429-1445. Special Issue: Ethical Issues in Representing Older Clients.
  • "The Role of Casuistry in Legal Ethics: A Tentative Inquiry." Clinical Law Review 1 (Fall 1994): 493-503.
  • "Ratting." American Journal of Trial Advocacy 17 (Summer 1993): 49-100.
  • "Counseling Clients Who Weren't Born Yesterday: Age and the Attorney-Client Relationship." Family Advocate 16 (Summer 1993) 24-27.
  • "Rebellious Lawyering, Regnant Lawyering, and Street-Level Bureaucracy." Hastings Law Journal 43 (April 1992): 947-970.
  • "A Tragic View of Poverty Law Practice." District of Columbia Law Review 1 (Spring 1992): 123-142.
  • "Toward a Community-Based Ethic for Legal Services Practice." UCLA Law Review 37 (1990): 1101-1156.
  • "On Persuasion and Paternalism: Lawyer Decisionmaking and the Questionably Competent Client." Utah Law Review, 1987, no. 3: 515-584.
  • With Valerie Vanaman. "The Constitutional and Statutory Right of Handicapped Children to a Free, Appropriate Education." In Human Advocacy and PL 94-142: The Educator's Roles, edited by Leo F. Buscaglia and Eddie H. Williams, 13-24. Thorofare, NJ: C.B. Slack, 1979.