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Full-Text Articles in Law
Reckless Abandon: The Shadow Of Model Rule 8.4(G) And A Path Forward, Margaret Tarkington
Reckless Abandon: The Shadow Of Model Rule 8.4(G) And A Path Forward, Margaret Tarkington
St. John's Law Review
(Excerpt)
In August 2016, the American Bar Association’s (“ABA”) Board of Governors approved Model Rule of Professional Conduct (“MRPC”) 8.4(g) as a model for state adoption. The Rule makes it professional misconduct for a lawyer to engage in “harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status.” Curbing harassment and discrimination is a critically important goal. However, the actual Rule as promulgated reaches far beyond prohibiting sexual harassment and unlawful discrimination. Instead the comments to the Rule define discrimination and harassment broadly to prohibit speech …
Confidential Settlements For Professional Malpractice, Sande L. Buhai
Confidential Settlements For Professional Malpractice, Sande L. Buhai
St. John's Law Review
(Excerpt)
A lawyer representing a plaintiff in a professional malpractice case advises her client not to file a complaint with the state regulatory body—the state bar, the medical board, or some other pertinent body—until later. The lawyer explains that she can offer to settle the case more favorably, more quickly, and at lower cost if they promise that, as part of the settlement, defendant’s malfeasance will never be reported to the state regulatory body responsible for ensuring professional competence in the area. This tactic may allow the client to negotiate a larger settlement because the defendant should be willing to …