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Full-Text Articles in Law

Attorney Fee Disgorgement As A Disciplinary Action, Lynn P. Barker Jan 1984

Attorney Fee Disgorgement As A Disciplinary Action, Lynn P. Barker

Seattle University Law Review

This Comment first explores reasons for the rare application of fee disgorgement as a disciplinary measure. It then examines the contexts under which courts deprive attorneys of their fees in both nondisciplinary and disciplinary proceedings. This Comment concludes that, in many cases, disgorgement of fees as a disciplinary action for attorney misconduct would most effectively protect the public, deter unethical conduct, and restore confidence in the legal profession.


Ethical Considerations For The Justice Department When It Switches Sides During Litigation, Clifford Freed Jan 1984

Ethical Considerations For The Justice Department When It Switches Sides During Litigation, Clifford Freed

Seattle University Law Review

This Comment briefly discusses the history of Washington v. Seattle School District No. 1, and then demonstrates the difficulties in applying the present ABA Code of Professional Responsibility to certain ethical questions that can arise when the government changes its allegiance in the midst of litigation. The ethical propriety of the Department of Justice's actions is examined, and alternatives are proposed for situations in which the United States, represented in court by the Justice Department, switches sides in the same case.