Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Soliciting Sophisticates: A Modest Proposal For Attorney Solicitation, Victor P. Filippini Jr.
Soliciting Sophisticates: A Modest Proposal For Attorney Solicitation, Victor P. Filippini Jr.
University of Michigan Journal of Law Reform
This Note advocates an amendment to the ethical standards governing attorneys that will permit the personal solicitation for pecuniary gain of sophisticated prospective clients - that is, those persons having general knowledge of their legal needs and the expertise to assess adequately the information and presentation of an attorney. Part I of this Note shows that lawyer solicitation is a form of commercial speech under recent Supreme Court decisions. It also asserts that, though the traditional reasons for banning lawyer solicitation still have some validity, these reasons do not justify prohibiting the solicitation of sophisticated clients. Part II suggests some …
Poor People's Lawyers In Transition, Michigan Law Review
Poor People's Lawyers In Transition, Michigan Law Review
Michigan Law Review
A Review of Poor People's Lawyers in Transition by Jack Katz
The Attorney-Client Privilege And The Corporate Client: Where Do We Go After Upjohn?, Michigan Law Review
The Attorney-Client Privilege And The Corporate Client: Where Do We Go After Upjohn?, Michigan Law Review
Michigan Law Review
Part I of this Note examines two of the more popular standards, the Seventh Circuit's "subject matter test" and the Eighth Circuit's "modified subject matter test" and concludes that neither approach is entirely consistent with the purposes of the privilege. Part II argues that the courts should adopt the Eighth Circuit's test with two further modifications. One revision is but a demand for clarification and consistency: the courts should explicitly adopt Dean Wigmore's legal advice requirement for corporate clients. The other modification is more radical: the command requirement should be eliminated. Under this approach, every employee may stand in the …