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Fiduciary Duties And Exculpatory Clauses: Clash Of The Titans Or Cozy Bedfellows, Louise Lark Hill
Fiduciary Duties And Exculpatory Clauses: Clash Of The Titans Or Cozy Bedfellows, Louise Lark Hill
University of Michigan Journal of Law Reform
Centuries ago, when land represented the majority of wealth, the trust was used primarily for holding and transferring real property. As the dominant form of wealth moved away from family land, the trust evolved into a device for managing financial assets. With this transformation came the use of exculpatory clauses by both amateur and professional trustees, providing an avenue for these fiduciaries to escape liability for designated acts. With the use of exculpatory provisions, discussion abounded about whether fiduciary duties were mandatory or subject to modification. The latter view eventually prevailed, with the majority of jurisdictions viewing fiduciary duties as …
Courts - Judicial Ethics - Broadcast Of Murder Trial, Michigan Law Review
Courts - Judicial Ethics - Broadcast Of Murder Trial, Michigan Law Review
Michigan Law Review
A microphone was installed in a court room with consent of the trial judge and counsel, for a direct broadcast of a murder trial. Prisoner's counsel, in his argument to the jury, made certain remarks concerning the plaintiff, state's witness, which the latter claimed were libelous per se. Joining as defendants the trial judge, counsel for the alleged felon, and the director of the radio station, plaintiff asserted that the installation of the equipment was an "extrajudicial and illegal" act. Defendant trial judge's motion for non-suit was granted at the close of plaintiff's case, The case was submitted to the …
Attorney And Client - Duty Of Attorney To Follow Client's Instructions
Attorney And Client - Duty Of Attorney To Follow Client's Instructions
Michigan Law Review
An attorney's duty, where he is specially instructed, is to follow the instructions of his client, except as to matters of detail connected with the conduct of the suit, and he is liable for all losses resulting from his failure to follow such instructions with reasonable promptness and care.