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Legal Ethics and Professional Responsibility Commons™
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- Empirical legal studies (2)
- Legal ethics (2)
- ABA Model Rules of Professional Conduct (1)
- Asbestos litigation (1)
- Attorney compensation (1)
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- Attorney fee awards (1)
- Attorney fees in class action cases (1)
- Bruce A. Green (1)
- Class actions (1)
- Client recovery and attorney fees (1)
- Cognitive illusions (1)
- Compensation practices (1)
- Conflicts of interest (1)
- Discovery abuse (1)
- Duty of confidentiality (1)
- Enron (1)
- Holmesian bad man (1)
- Jurisprudence of lawyering (1)
- Late settlements in civil law suits (1)
- Lawyer-client relationship (1)
- Lawyers decisionmaking (1)
- Lawyers intuitions (1)
- Martin H. Redish (1)
- Morality of discovery practice (1)
- Public duties of lawyers (1)
- Shareholder derivative litigation (1)
- Spaulding V. Zimmerman (1)
- Structured-finance transactions (1)
- Tobacco litigation (1)
- Torture memos (1)
Articles 1 - 9 of 9
Full-Text Articles in Legal Ethics and Professional Responsibility
How Lawyers' Intuitions Prolong Litigation, Andrew J. Wistrich, Jeffrey J. Rachlinski
How Lawyers' Intuitions Prolong Litigation, Andrew J. Wistrich, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
Most lawsuits settle, but some settle later than they should. Too many compromises occur only after protracted discovery and expensive motion practice. Sometimes the delay precludes settlement altogether. Why does this happen? Several possibilities—such as the alleged greed of lawyers paid on an hourly basis—have been suggested, but they are insufficient to explain why so many cases do not settle until the eve of trial. We offer a novel account of the phenomenon of settling on the courthouse steps that is based upon empirical research concerning judgment and choice. Several cognitive illusions—the framing effect, the confirmation bias, nonconsequentialist reasoning, and …
Attorney Fees And Expenses In Class Action Settlements: 1993–2008, Theodore Eisenberg, Geoffrey P. Miller
Attorney Fees And Expenses In Class Action Settlements: 1993–2008, Theodore Eisenberg, Geoffrey P. Miller
Cornell Law Faculty Publications
We report on a comprehensive database of 18 years of available opinions (1993–2008, inclusive) on settlements in class action and shareholder derivative cases in state and federal courts. An earlier study, covering 1993–2002, revealed a remarkable relationship between attorney fees and class recovery size: regardless of the methodology for calculating fees ostensibly employed by the courts, the class recovery size was the overwhelmingly important determinant of the fee. The present study, which nearly doubles the number of cases in the database, confirms that relationship. Fees display the same relationship to class recoveries in both data sets and neither fees nor …
What's Wrong With Being Creative And Aggressive?, W. Bradley Wendel
What's Wrong With Being Creative And Aggressive?, W. Bradley Wendel
Cornell Law Faculty Publications
When I tell people that I am a law professor specializing in legal ethics, they usually have one of two reactions: “Legal ethics—that’s an oxymoron!” or “I bet you always have a lot to do.” The second reaction is the more interesting of the two, because it rightly implies that legal ethics is a fascinating field, in part because lawyers are always thinking of new ways to get into trouble. Many run-of-the-mill lawyer disciplinary cases involve simple wrongdoing, such as stealing from client funds, which does not present conceptually interesting issues. Contemporary high-profile legal ethics scandals, by contrast, are made …
What Is A Reasonable Attorney Fee? An Empirical Study Of Class Action Settlements, Theodore Eisenberg, Geoffrey P. Miller
What Is A Reasonable Attorney Fee? An Empirical Study Of Class Action Settlements, Theodore Eisenberg, Geoffrey P. Miller
Cornell Law Faculty Publications
Determining an appropriate fee is a difficult task facing trial court judges in class action litigation. But courts rarely rely on empirical research to assess a fee’s reasonableness, due, at least in part, to the relative paucity of available information. Existing empirical studies of attorney fees in class action cases are limited in scope, and generally do not control for important variables. To help fill this gap, we analyzed data from all state and federal class actions with reported fee decisions from 1993 to 2002 in which the fee and class recovery could be determined with reasonable confidence.
We find …
Lawyer Ethics On The Lunar Landscape Of Asbestos Litigation, Roger C. Cramton
Lawyer Ethics On The Lunar Landscape Of Asbestos Litigation, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
Lawyer Conduct In The "Tobacco Wars", Roger C. Cramton
Lawyer Conduct In The "Tobacco Wars", Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton
Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
Rediscovering Discovery Ethics, W. Bradley Wendel
Rediscovering Discovery Ethics, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
The Code Of Professional Responsibility As A Measure Of Attorney Liability In Civil Litigation, Charles W. Wolfram
The Code Of Professional Responsibility As A Measure Of Attorney Liability In Civil Litigation, Charles W. Wolfram
Cornell Law Faculty Publications
No abstract provided.