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Reform That Understands Our Seniors: How Interdisciplinary Services Can Help Solve The Capacity Riddle In Elder Law, Thomas Richard Stasi
Reform That Understands Our Seniors: How Interdisciplinary Services Can Help Solve The Capacity Riddle In Elder Law, Thomas Richard Stasi
University of Michigan Journal of Law Reform
This Note suggests an interdisciplinary approach to assist in determinations of legal capacity. It also urges an amendment to the Model Rules and current law firm business models, so attorneys can better approach capacity challenges. While this Note does not presume to resolve the problems faced by capacity determinations, the purpose is to offer functional alternatives to the current working models. Part I reviews the Model Rules' treatment of capacity issues, detailing attorneys' conflicting ethical duties and the ambiguous methodology for capacity evaluations. Part II examines the customary processes that attorneys presently follow for seeking diagnostic evaluations and highlights their …
Agency And Equity: Why Do We Blame Clients For Their Lawyers' Mistakes, Adam Liptak
Agency And Equity: Why Do We Blame Clients For Their Lawyers' Mistakes, Adam Liptak
Michigan Law Review
If you were to ask a child whether it would be fair to execute a prisoner because his lawyer had made a mistake, the answer would be no. You might even get a look suggesting that you had asked a pretty stupid question. But judges treat the issue as a hard one, relying on a theory as casually accepted in criminal justice as it is offensive to principles of moral philosophy. This theory holds that the lawyer is the client's agent. What the agent does binds the principal. But clients and lawyers fit the agency model imperfectly. Agency law is …
Judges! Stop Deferring To Class-Action Lawyers, Brian Wolfman
Judges! Stop Deferring To Class-Action Lawyers, Brian Wolfman
University of Michigan Journal of Law Reform Caveat
I represent a national non-profit consumer rights organization, as an amicus, in a federal appeal challenging a district court’s approval of a class-action settlement of claims under the federal Credit Repair Organization Act (CROA). My client maintains that the district court erred in finding that the settlement was “fair, reasonable, and adequate,” which is the standard for class-action settlement approval under the Federal Rules of Civil Procedure. In particular, we argue that the district court committed a reversible legal error when it deferred to the class-action lawyers’ recommendation to approve the settlement because, in those lawyers’ view, it was fair, …