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Sec Disciplinary Proceedings Against Attorneys Under Rule 2 ( E ), Michigan Law Review
Sec Disciplinary Proceedings Against Attorneys Under Rule 2 ( E ), Michigan Law Review
Michigan Law Review
This Note reassesses SEC authority to discipline attorneys under rule 2( e ). Part I explores the history of rule 2( e) proceedings against attorneys and the troublesome policy issues raised by the SEC's new approach to rule 2(e) enforcement. Part II examines the SEC's claim that general rulemaking provisions give it authority to discipline attorneys. The Note concludes that a proper construction of statutes and case law bars rule 2( e) proceedings against attorneys.
Prospective Waiver Of The Right To Disqualify Counsel For Conflicts Of Interest, Michigan Law Review
Prospective Waiver Of The Right To Disqualify Counsel For Conflicts Of Interest, Michigan Law Review
Michigan Law Review
Part I of the Note discusses canon 4, first explaining the presumptions and policies that underlie it, then arguing that courts should enforce prospective waivers of the presumption of shared confidences when conditioned on the law firm's effective screening of client confidences - keeping them from the attorneys within the firm who will take part in the adverse representation. Part II turns to canon 5, and argues that prospective waivers of the presumption of diluted loyalties should be enforced against clients moving to disqualify law firms for a canon 5 violation.