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Susan S. Fortney

Law firm

Articles 1 - 2 of 2

Full-Text Articles in Law

Leaks, Lies, And The Moonlight: Fiduciary Duties Of Associates To Their Law Firms, Susan Saab Fortney Jul 2015

Leaks, Lies, And The Moonlight: Fiduciary Duties Of Associates To Their Law Firms, Susan Saab Fortney

Susan S. Fortney

This symposium article examines the fiduciary duties of law firm associates. After applying agency principles to the firm-associate relationship, the article analyzes specific duties and discusses cases involving alleged breaches of fiduciary duties by associates. It explores associate duties in the current legal, organizational, and socio-technological environment in which associates practice. The article closes with observations on the importance of firm principals considering the effect of firm culture on associate attitudes and conduct.


Seeking Shelter In The Minefield Of Unintended Consequences - The Traps Of Limited Liability Law Firms, Susan Saab Fortney Jul 2015

Seeking Shelter In The Minefield Of Unintended Consequences - The Traps Of Limited Liability Law Firms, Susan Saab Fortney

Susan S. Fortney

This article addresses the overlooked negative consequences of law firms transitioning from a traditional partnership to a limited liability partnership or company. Part I of this article introduces the topic by providing a brief history of the development of LLCs and LLPs and noting the lack of attention given to the detrimental consequences of such firm structures. Part II reviews the forces behind the limited liability movement and the emergence of limited liability law firms. Part III surveys the statutory approaches to limiting vicarious liability in LLCs and LLPs. Part IV then examines possible internal consequences of attorneys’ practicing as …