Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Ethics (3)
- Lawyer (3)
- Litigation (2)
- Professional responsibility (2)
- Arguments (1)
-
- Attorney (1)
- Attorney argument (1)
- Cases (1)
- Civil litigation (1)
- Claims (1)
- Cohen v. Lioce (1)
- Conduct (1)
- Contract (1)
- Court proceedings (1)
- Defendant (1)
- Defense counsel (1)
- Enron (1)
- Garcetti v. Ceballos (1)
- Global Crossing (1)
- Insurance (1)
- Insurer (1)
- Lawsuit (1)
- Lawyers (1)
- Legislation (1)
- Liability (1)
- One client model (1)
- Plaintiff (1)
- Policyholder (1)
- Rules of Professional Conduct (1)
- Sarbanes-Oxley Act of 2002 (1)
Articles 1 - 4 of 4
Full-Text Articles in Litigation
Tending To Potted Plants: The Professional Identity Vacuum In Garcetti V. Ceballos, Jeffrey W. Stempel
Tending To Potted Plants: The Professional Identity Vacuum In Garcetti V. Ceballos, Jeffrey W. Stempel
Scholarly Works
No abstract provided.
The Relationship Between Defense Counsel, Policyholders, And Insurers: Nevada Rides Yellow Cab Toward "Two-Client" Model Of Tripartite Relationship. Are Cumis Counsel And Malpractice Claims By Insurers Next?, Jeffrey W. Stempel
Scholarly Works
It happens constantly in civil litigation. An insurance company hires a lawyer to defend its policyholder from a third party’s claim of injury. But just who is the lawyer’s “client?” Is it the policyholder who is the named defendant in the case and is “represented” in court proceedings? Or is it the insurer who, in most cases, selected the attorney, pays the attorney, supervises the litigation, and has (by the terms of the liability insurance policy) the right to settle the case, even over the objections of the policyholder? Ordinarily, the liability insurer has both the duty to defend a …
Lawyer Professional Responsibility In Litigation, Jeffrey W. Stempel
Lawyer Professional Responsibility In Litigation, Jeffrey W. Stempel
Scholarly Works
A perennially-vexing litigation issue concerns the limits of permissible attorney argument. More than a few lawyers have been tripped up by the occasional fuzziness of the line between aggressive advocacy and improper appeals to passion or prejudice. See Craig Lee Montz, Why Lawyers Continue to Cross the Line in Closing Argument: An Examination of Federal and State Cases, 28 Ohio N.U. L. Rev. 67 (2001-2002)(problem of violations results from lack of uniformity and clarity of ground rules as well as errors of counsel). In Cohen v. Lioce, 149 P.3d 916 (Nev. 2006) the Nevada Supreme Court both provided significant guidance …
An Overview Of The Sarbanes-Oxley Act And Its Implications For Attorneys, Jeffrey W. Stempel
An Overview Of The Sarbanes-Oxley Act And Its Implications For Attorneys, Jeffrey W. Stempel
Scholarly Works
On July 30, 2002, President Bush signed the Sarbanes-Oxley Act of 2002, H.R. 3763, well-publicized in the press as a legislative response to the perceived excesses of corporate America: Enron; WorldCom; Tyco; Global Crossing, etc.
The Sarbanes-Oxley Act of 2002 contains an array of provisions affecting lawyers as professionals serving businesses and contains one provision that will clearly impact corporate counsel in the ethical discharge of their duties. Section 307 of the Act and the recently released Proposed Roles of the Securities Exchange Commission regarding lawyer duties and implementation of Section 307 require counsel to go "up the ladder," to …