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Full-Text Articles in Law

Misfeasance, Nonfeasance, And The Self-Interested Attorney, C. D. Freedman Jul 2010

Misfeasance, Nonfeasance, And The Self-Interested Attorney, C. D. Freedman

Osgoode Hall Law Journal

How extensive should the liability of an attorney acting under a "continuing power of attorney" be? Where the donor is capable, the question is not unduly complicated. However, where the donor is incapable and the attorney has an interest in the donor's estate, the question is more difficult. Attorneys acting on behalf of incapable donors should conduct themselves according to the highest standards of probity and fidelity in addition to performing their duties competently. Unexcused breach of the duty of care should result in compensation. For breach of fiduciary duty, restitution should be the norm rather than compensation. In the …


Responses To The Ten Questions, Mary Ellen O'Connell Jan 2010

Responses To The Ten Questions, Mary Ellen O'Connell

William Mitchell Law Review

No abstract provided.


Responses To The Ten Questions, Richard L. Russell Jan 2010

Responses To The Ten Questions, Richard L. Russell

William Mitchell Law Review

No abstract provided.


Responses To The Ten Questions, Wayne Mccormack Jan 2010

Responses To The Ten Questions, Wayne Mccormack

William Mitchell Law Review

No abstract provided.


Responses To The Ten Questions, Joshua L. Dratel Jan 2010

Responses To The Ten Questions, Joshua L. Dratel

William Mitchell Law Review

No abstract provided.


Responses To The Ten Questions, John T. Parry Jan 2010

Responses To The Ten Questions, John T. Parry

William Mitchell Law Review

No abstract provided.


Responses To The Ten Questions, Edward B. Macmahon Jr. Jan 2010

Responses To The Ten Questions, Edward B. Macmahon Jr.

William Mitchell Law Review

No abstract provided.