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Full-Text Articles in Law

The Billable Hours Derby: Empirical Data On The Problems And Pressure Point, Susan Saab Fortney Sep 2019

The Billable Hours Derby: Empirical Data On The Problems And Pressure Point, Susan Saab Fortney

Susan S. Fortney

This Article addresses the frustration with billable hours in large law firms. The Author gathered empirical data to gauge the short and long-term effects of increases in billable hour expectations. An empirical study was conducted in 1999-2000 of associate satisfaction, law firm culture, and billing practices. The Article compares these findings to a 2005 NALP study on billable hours and a Work-Life split. The Article concludes by considering what forces and players will change the current course of conduct in which law firm leaders treat increases in billable hours expectations as a necessary evil. The studies show the costs and …


Online Legal Document Providers And The Public Interest: Using A Certification Approach To Balance Access To Justice And Public Protection, Susan Saab Fortney Sep 2019

Online Legal Document Providers And The Public Interest: Using A Certification Approach To Balance Access To Justice And Public Protection, Susan Saab Fortney

Susan S. Fortney

No abstract provided.


Mandatory Legal Malpractice Insurance: Exposing Lawyers' Blind Spots, Susan S. Fortney Sep 2019

Mandatory Legal Malpractice Insurance: Exposing Lawyers' Blind Spots, Susan S. Fortney

Susan S. Fortney

The legal landscape for lawyers’ professional liability in the United States is changing. In 2018, Idaho implemented a new rule requiring that lawyers carry legal malpractice insurance. The adoption of the Idaho rule was the first move in forty years by a state to require legal malpractice insurance since Oregon mandated lawyer participation in a malpractice insurance regime. Over the last two years, a few states have considered whether their jurisdictions should join Oregon and Idaho in requiring malpractice insurance for lawyers in private practice. To help inform the discussion, the article examines different positions taken in the debate on …


Law As A Profession: Examining The Role Of Accountability, Susan Saab Fortney Sep 2019

Law As A Profession: Examining The Role Of Accountability, Susan Saab Fortney

Susan S. Fortney

No abstract provided.


Foreword: Legal Malpractice Is No Longer The Profession’S Dirty Little Secret, Susan Saab Fortney Sep 2019

Foreword: Legal Malpractice Is No Longer The Profession’S Dirty Little Secret, Susan Saab Fortney

Susan S. Fortney

No abstract provided.


Foreword: Systematically Thinking About Law Firm Ethics: Conference On The Ethical Infrastructure And Culture Of Law Firms, Susan Saab Fortney Sep 2019

Foreword: Systematically Thinking About Law Firm Ethics: Conference On The Ethical Infrastructure And Culture Of Law Firms, Susan Saab Fortney

Susan S. Fortney

In 1991 Professor Ted Schneyer wrote a seminal article calling for discipline of law firms. In that article, he used the term “ethical infrastructure” to refer to a law firm’s organization, policies, and operating procedures that cut across particular lawyers and tasks. In questioning how lawyer regulation focuses on the conduct of individual lawyers, he described the dynamics of practice and how various ethical breaches stem from organizational concerns that relate to lawyering in groups. Increasingly, legislators and regulators, as well as bar and firm leaders, have recognized the role of ethical infrastructure and culture in influencing lawyer conduct. Scholars, …


A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan S. Fortney Sep 2019

A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan S. Fortney

Susan S. Fortney

Using this broad connotation of justice, this Article questions whether many victims of legal malpractice are denied access to justice. In writing about the regulatory function of legal malpractice as a tort, Professor John Leubsdorf argues that legal malpractice relates to three important functions of the law of lawyering: “[D]elineating the duties of lawyers, creating appropriate incentives and disincentives for lawyers in their dealings with clients and others, and providing access to remedies for those injured by improper lawyer behavior.” Arguably, persons injured by lawyer misconduct are denied access to justice if our civil liability system does not provide them …


A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan S. Fortney Sep 2019

A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan S. Fortney

Susan S. Fortney

Using this broad connotation of justice, this Article questions whether many victims of legal malpractice are denied access to justice. In writing about the regulatory function of legal malpractice as a tort, Professor John Leubsdorf argues that legal malpractice relates to three important functions of the law of lawyering: “[D]elineating the duties of lawyers, creating appropriate incentives and disincentives for lawyers in their dealings with clients and others, and providing access to remedies for those injured by improper lawyer behavior.” Arguably, persons injured by lawyer misconduct are denied access to justice if our civil liability system does not provide them …