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Commercial Law

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Selected Works

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Combining Forces: The Joint Defense Agreement In Civil Litigation, Stephen Messer Dec 2010

Combining Forces: The Joint Defense Agreement In Civil Litigation, Stephen Messer

Stephen Messer

From day one of law school aspiring lawyers are taught that information shared in confidence between a lawyer and his client is confidential. Although all lawyers are well aware of this, surprisingly few know that conversations with a client and someone else's lawyer can also be privileged. This is what happens when a joint defense agreement is created; Joint defense agreements extend the attorney client privilege throughout the entire defense camp in cases where multiple defendants and their counsel have common interests in the litigation. This often overlooked, yet highly effective legal strategy may serve as a valuable tool for …

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Teaching Transactional Skills In Partnership With The Bar, Carl J. Circo Dec 2010

Teaching Transactional Skills In Partnership With The Bar, Carl J. Circo

Carl J. Circo

For several years, business and transactional lawyers have increased the pressure on law schools to produce more practice-ready graduates. This article explores the practical skills reform movement with two goals in mind. First, it seeks to articulate and reconcile some of the fundamental differences in the perspectives of the practicing bar and the legal academy. Second, it highlights the special challenges and opportunities involved in making legal education more effective for students who will practice business and transactional law. In addition to reviewing recent literature from the bar and the academy on the practical skills gap, the article also reports …

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