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The Attorney-Client Privilege After Attorney Disclosure, Michigan Law Review May 1980

The Attorney-Client Privilege After Attorney Disclosure, Michigan Law Review

Michigan Law Review

This Note examines the interests that must be balanced in determining when an attorney's disclosure waives the attorney-client privilege. Part I presents three judicial standards defining the class of attorney disclosures that waive the privilege: the traditional client consent rule that only attorney disclosures to which the client has consented constitute waiver; the broader "implied authority" view that attorney disclosures made with the client's consent or with an intent to further the client's cause constitute waiver; and the still more expansive view that all attorney disclosures falling within the scope of the attorney's agency authority to act for the client …


Criminal Law - Ineffective Assistance Of Counsel - Burden On Defendant To Demonstrate That Serious Incompetency, Falling Measurably Below The Performance Ordinarily Expected Of Fallible Lawyers, Was Likely To Have Affected The Outcome Of Trial, Clifford H. Lange Jan 1980

Criminal Law - Ineffective Assistance Of Counsel - Burden On Defendant To Demonstrate That Serious Incompetency, Falling Measurably Below The Performance Ordinarily Expected Of Fallible Lawyers, Was Likely To Have Affected The Outcome Of Trial, Clifford H. Lange

Villanova Law Review

No abstract provided.


An Assessment Of Alternative Strategies For Increasing Access To Legal Services, Jeffrey W. Stempel Jan 1980

An Assessment Of Alternative Strategies For Increasing Access To Legal Services, Jeffrey W. Stempel

Scholarly Works

Since the late 1930s, lawyers have argued that their services are not used to the fullest advantage by a large segment of the population. More recently, other concerned groups such as trade unions and consumer organizations also have become convinced that there is an underutilization of lawyers' services, and that it is important to increase access to such services. As a result, attempts have been made to develop alternatives to the traditional methods of providing legal services that to date have proved inadequate in meeting the legal needs of the public. Legal clinics have proliferated, prepaid legal services plans have …


The Role Of The Lawyer In Matrimonial Cases, Eric D. Turner Jan 1980

The Role Of The Lawyer In Matrimonial Cases, Eric D. Turner

Villanova Law Review

No abstract provided.


Machiavelli And The Bar: Ethical Limitations On Lying In Negotiation, James J. White Jan 1980

Machiavelli And The Bar: Ethical Limitations On Lying In Negotiation, James J. White

Articles

Upon the enactment of the Model Rules of Professional Conduct, published ethical norms will for the first time give explicit consideration to the lawyer's behavior in the process of negotiation. Rules 4.1, 4.2, and 4.3 deal with negotiation. Although the Canons, the interpretations of the Canons, and the Disciplinary Rules and Ethical Considerations gave tangential consideration to negotiating, 1 none of the Disciplinary Rules or Ethical Considerations explicitly considered negotiation apart from the process of litigation or counseling. The mere recognition of negotiation as a separate process worthy of unique rules is a large step. The purpose of this paper …


Constitutional Law - Attorneys' Right To Free Speech Versus Protection Of Fair Trial - Dr 7-107 Restricting Attorneys' Speech During Pending Litigation Only Constitutional To Protect Criminal Jury Trial From Reasonable Likelihood Of Prejudice, Eugene Hamill Jan 1980

Constitutional Law - Attorneys' Right To Free Speech Versus Protection Of Fair Trial - Dr 7-107 Restricting Attorneys' Speech During Pending Litigation Only Constitutional To Protect Criminal Jury Trial From Reasonable Likelihood Of Prejudice, Eugene Hamill

Villanova Law Review

No abstract provided.