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Mercer Law Review

1999

Articles 1 - 6 of 6

Full-Text Articles in Law

Engagement Letters In Transactional Practice: A Reporter's Reflections, D. Christopher Wells Dec 1999

Engagement Letters In Transactional Practice: A Reporter's Reflections, D. Christopher Wells

Mercer Law Review

In recent years, lawyers have turned increasingly to written contracts, usually called "engagement letters," to memorialize their professional representations. This practice grows absent specific directives requiring such writings, apparently deriving from professional preference rather than mandatory rule. It grows also despite scant attention paid by law reviews and bar publications. Only infrequently do publications appear noting this practice or offering advice on drafting engagement letters. Even continuing legal education programs give them only occasional attention.

One of the most ambitious treatments of engagement letters came in 1997 from the State Bar of Georgia in the form of a report from …


A Panel Discussion On A Proposed Code Of Ethics For Legal Commentators May 1999

A Panel Discussion On A Proposed Code Of Ethics For Legal Commentators

Mercer Law Review

Featuring:

  • Raymond M. Brown
  • Paul Butler
  • Erwin Chemerinsky
  • Johnnie L. Cochran, Jr.
  • Laurie L. Levenson
  • John H. McElhaney
  • Barry C. Scheck
  • Mary Tillotson

Moderator: Professor James P. Fleissner


A Ransom Note From The Opposition To The Proposed Rules Of Ethics For Legal Commentators, Raymond M. Brown May 1999

A Ransom Note From The Opposition To The Proposed Rules Of Ethics For Legal Commentators, Raymond M. Brown

Mercer Law Review

Hijack the question!

That is a soupçon of tactical knowledge that every lawyer sojourning on the TV frontier absorbs quickly. In the fast-paced realm of the electronic media, there are limited opportunities to speak. To be effective you must disregard the dictates of politeness ingested at your mother's knee, ignore the question presented, and make your point succinctly. To wit:

Question: Do you think Bill Clinton should be impeached?

Answer: I think the abuse of power by Ken Starr doomed the Office of Independent Counsel and set a dangerous example for a whole generation of prosecutors.

Because the proponents of …


Symposium Introduction, Jennifer L. Motos, Jacob E. Daly May 1999

Symposium Introduction, Jennifer L. Motos, Jacob E. Daly

Mercer Law Review

No abstract provided.


The Ethics Of Being A Commentator Iii, Erwin Chemerinsky, Laurie Levenson May 1999

The Ethics Of Being A Commentator Iii, Erwin Chemerinsky, Laurie Levenson

Mercer Law Review

The use of lawyers and law professors as commentators continues to increase. Although reporters have long used experts to explain and evaluate, in the last decade legal commentators have become a fixture in news stories about legal proceedings. A decade ago, when the McMartin Preschool case filled the news in Los Angeles, scarcely a commentator was used. A few years later, when the officers who beat Rodney King were tried in state court, daily legal commentary was absent. In sharp contrast, commentators were used on a regular basis during the federal prosecution of those officers. The subsequent trial of two …


A Primer On 11 U.S.C. § 328(A) And Its Use In Alternative Billing Methods In Bankruptcy, Robert J. Landry Iii, James R. Higdon Mar 1999

A Primer On 11 U.S.C. § 328(A) And Its Use In Alternative Billing Methods In Bankruptcy, Robert J. Landry Iii, James R. Higdon

Mercer Law Review

Compensation of attorneys and professionals in the bankruptcy field is one of the most written about areas in bankruptcy law. Professionals, both familiar and unfamiliar with the mandates of the Bankruptcy Code and Federal Rules of Bankruptcy Procedure, are having an increasingly difficult time obtaining approval for the envisioned compensation. Problems generally do not arise for debtors' attorneys in the run-of-the-mill Chapter 7 case or Chapter 13 case. Flat fees are charged in most of these cases, and applications to employ debtors' attorneys are not filed. Therefore, retention orders are not entered. However, outside the run-of-the-mill Chapter 7 or 13 …