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Articles 1 - 30 of 157
Full-Text Articles in Law
A Tribute To Monroe Freedman, Stuart Rabinowitz
A Tribute To Monroe Freedman, Stuart Rabinowitz
Hofstra Law Review
No abstract provided.
Legal Ethics, Patrick Emery Longan
Legal Ethics, Patrick Emery Longan
Mercer Law Review
This survey covers a two-year period from June 1, 2013 to May 31, 2015. The Article discusses noteworthy Georgia appellate cases concerning attorney discipline, disqualification, ineffective assistance of counsel, judicial ethics, and legal malpractice. The Article also discusses two significant opinions from the Formal Advisory Opinion Board, amendments to the Georgia Rules of Professional Conduct, and several recent miscellaneous cases involving legal ethics in Georgia.
Monroe Freedman: Friend, Role Model, And Colleague, Roy Simon
Monroe Freedman: Friend, Role Model, And Colleague, Roy Simon
Hofstra Law Review
No abstract provided.
The Litigation Privilege: Its Place In Contemporary Jurisprudence, Louise Lark Hill
The Litigation Privilege: Its Place In Contemporary Jurisprudence, Louise Lark Hill
Hofstra Law Review
Historically, lawyers have been immune from civil liability for statements related to litigation which may injure or offend an opposing party during the litigation process. This protection is referred to as the “litigation privilege,” which originated in medieval English jurisprudence and continues to be recognized in the United States today. The rationale supporting the litigation privilege is that the integrity of the adversary system outweighs any monetary interest of a party injured by her adversary. Remedies other than lawsuits are available to parties who feel they have been damaged “by malicious statements or conduct during litigation.” For instance, misconduct in …
Dealing With Conflicts And Disqualification Risks Professionally, James B. Kobak Jr
Dealing With Conflicts And Disqualification Risks Professionally, James B. Kobak Jr
Hofstra Law Review
No abstract provided.
Foreword: Legal Malpractice Is No Longer The Profession’S Dirty Little Secret, Susan Saab Fortney
Foreword: Legal Malpractice Is No Longer The Profession’S Dirty Little Secret, Susan Saab Fortney
Hofstra Law Review
No abstract provided.
Aggregate Settlements And Attorney Liability: The Evolving Landscape, Lynn A. Baker
Aggregate Settlements And Attorney Liability: The Evolving Landscape, Lynn A. Baker
Hofstra Law Review
This Article was prepared for the Hofstra Law Review conference on "Lawyers as Targets: Suing, Prosecuting, and Defending Lawyers." Over the past several decades, attorneys involved in mass tort settlements, especially those representing the plaintiffs, have faced an increasing number of large-dollar liability claims centered on the aggregate settlement rule: that is, the state equivalents to Rule 1.8(g) of the ABA Model Rules of Professional Conduct. During this period, courts have held that fee forfeiture, potentially totaling millions of dollars, is an appropriate remedy for violations of the Rule, even in the absence of any demonstrated economic harm to the …
Legal Malpractice In International Business Transactions, Vincent R. Johnson
Legal Malpractice In International Business Transactions, Vincent R. Johnson
Hofstra Law Review
No abstract provided.
The Law Of Unintended Consequences: Whether And When Mandatory Disclosure Under Model Rule 4.1(B) Trumps Discretionary Disclosure Under Model Rule 1.6(B), Peter R. Jarvis, Trisha M. Rich
The Law Of Unintended Consequences: Whether And When Mandatory Disclosure Under Model Rule 4.1(B) Trumps Discretionary Disclosure Under Model Rule 1.6(B), Peter R. Jarvis, Trisha M. Rich
Hofstra Law Review
No abstract provided.
When Clients Sue Their Lawyers For Failing To Report Their Own Malpractice, Benjamin P. Cooper
When Clients Sue Their Lawyers For Failing To Report Their Own Malpractice, Benjamin P. Cooper
Hofstra Law Review
What consequences should befall the lawyer who fails to disclose a significant error to his client? In a previous article, I examined the lawyer’s ethical duty to report his own malpractice to his client, a topic that had previously received little attention from courts and commentators, and concluded that the duty is well-grounded in Rules 1.4 and 1.7. Therefore the lawyer who fails to disclose his error to his client is subject to discipline. This Article addresses the client's ability to state an independent claim against the lawyer for failing to disclose his own malpractice -- a topic that has …
A No-Fault Remedy For Legal Malpractce?, Melissa Mortazavi
A No-Fault Remedy For Legal Malpractce?, Melissa Mortazavi
Hofstra Law Review
The last forty years have seen a marked rise in legal malpractice lawsuits. Recent numbers show that no abatement is in sight; instead the number of large legal malpractice claims is steadily increasing. Although lawyers have a personal interest in limiting liability, they also have a professional one in protecting clients from harm arising due to malpractice. But how can the legal profession curtail and manage malpractice liability while also providing relief to injured clients? Applying existing tort scholarship on no-fault alternative systems to professional legal services, this Article argues that no-fault may be a viable option in many common …
Some Early Thoughts On Liability Standards For Online Providers Of Legal Services, Benjamin H. Barton
Some Early Thoughts On Liability Standards For Online Providers Of Legal Services, Benjamin H. Barton
Hofstra Law Review
No abstract provided.
Remarks At Monroe Freedman’S Memorial, Eric Lane
Remarks At Monroe Freedman’S Memorial, Eric Lane
Hofstra Law Review
No abstract provided.
Reflections Of An Ethics Expert And A Lawyer Who Retains Him, M. H. Hoeflich, Bill Skepnek
Reflections Of An Ethics Expert And A Lawyer Who Retains Him, M. H. Hoeflich, Bill Skepnek
Hofstra Law Review
No abstract provided.
Lawyers On Trial: Juror Hostility To Defendants In Legal Malpractice Trials, Herbert M. Kritzer, Neil Vidmar
Lawyers On Trial: Juror Hostility To Defendants In Legal Malpractice Trials, Herbert M. Kritzer, Neil Vidmar
Hofstra Law Review
In contrast to medical malpractice, legal malpractice is a phenomenon that has attracted little attention from empirically-oriented scholars. This paper is part of a larger study of legal malpractice claiming and litigation. Given the evidence on the frequency of legal malpractice claims, there are surprisingly few legal malpractice cases that result in jury verdicts. There are many possible explanations for this, one of which reflects the perception that lawyers are held in such low esteem by potential jurors that they risk harsh treatment by jurors when they are defendants in legal malpractice trials. Because we could find no empirical evidence …
Scout’S Honor: The Boy Scouts, Judicial Ethics, And The Appearance Of Partiality, Daniel Ortner
Scout’S Honor: The Boy Scouts, Judicial Ethics, And The Appearance Of Partiality, Daniel Ortner
BYU Law Review
No abstract provided.
Raising The Bar: Establishing An Effective Remedy Against Ineffective Counsel, Joseph H. Ricks
Raising The Bar: Establishing An Effective Remedy Against Ineffective Counsel, Joseph H. Ricks
BYU Law Review
No abstract provided.
Professional Responsibility And Liability Aspects Of Vereins, The Swiss Army Knife Of Global Law Firm Combinations, Douglas R. Richmond, Matthew K. Corbin
Professional Responsibility And Liability Aspects Of Vereins, The Swiss Army Knife Of Global Law Firm Combinations, Douglas R. Richmond, Matthew K. Corbin
St. John's Law Review
(Excerpt)
Looking ahead, Part II of this Article provides a general overview of the verein model and its governing charter. Part III highlights a variety of ethical considerations for lawyers in verein member firms that are subject to ethics rules based on the Model Rules of Professional Conduct. These include lawyers' obligation to communicate to clients the relationships between the verein and its member firms, the imputation of conflicts of interest between member firms, and fee-splitting among member firms. Part IV discusses previous efforts to hold vereins and their member firms vicariously liable for the misconduct of another member firm. …
Judicial Recusal: It’S Time To Take Another Look Post-Caperton, Robert L. Brown
Judicial Recusal: It’S Time To Take Another Look Post-Caperton, Robert L. Brown
University of Arkansas at Little Rock Law Review
No abstract provided.
A Behavioral Theory Of Legal Ethics, Andrew M. Perlman
A Behavioral Theory Of Legal Ethics, Andrew M. Perlman
Indiana Law Journal
Behavioral insights have informed many areas of law, including the field of professional responsibility. Those insights, however, have had only a modest effect on the foundational theories of legal ethics, even though those theories are, at their core, prescriptions about human behavior. The reality is that lawyers’ conduct cannot be understood, theorized about, or used to produce the best possible regulations without an appreciation for the limits on human rationality and objectivity. A behavioral theory of legal ethics offers a way to incorporate those realties into the foundational debates on a lawyer’s professional role so that scholars can produce more …
The Role Of Women In International Conflict Resolution, Cassandra K. Shepherd
The Role Of Women In International Conflict Resolution, Cassandra K. Shepherd
Journal of Public Law and Policy
No abstract provided.
Fraud And Misrepresentation Claims Against Lawyers, Douglas R. Richmond
Fraud And Misrepresentation Claims Against Lawyers, Douglas R. Richmond
Nevada Law Journal
No abstract provided.
Ethics: Informal Opinion 1151 - Lawyers And The Title "Doctor", Milard King Roper Jr.
Ethics: Informal Opinion 1151 - Lawyers And The Title "Doctor", Milard King Roper Jr.
Akron Law Review
The legal profession is the only professional group in the United States that has ever prohibited its practicing members with doctorates from using the title "Doctor." Now, with D.R. 2-102(F) of the Code and its interpretation in Informal Opinion 1151, lawyers have been given the opportunity to take advantage of the recognition of their education as being on a par with other doctoral training.
Psychotherapist-Patient Privilege; Patient's Dangerous Condition; Confidentiality; Legal Duty To Warn Potential Victim; Tarasoff V. Regents Of University Of California, Robert E. Burns
Akron Law Review
In placing a legal duty to warn on the psychotherapist, the California supreme court followed the modern trend in tort law by recognizing the subordination of the patient's interest in the confidentiality of the psychotherapist-patient relationship to both the public interest, and to what the court determines to be the patient's own best interest. Under these confined circumstances the therapist acquires a limited right to disclose pertinent information to any person who may have a legitimate interest in his patient's health.' However, certain restrictive guidelines have been placed on the disclosure of such information. In Berry v. Moench, the Utah …
Gustavo GutiéRrez – Liberation Theology & Marxism, Todd Cameron Swathwood Jr
Gustavo GutiéRrez – Liberation Theology & Marxism, Todd Cameron Swathwood Jr
The Kabod
Since 1968, liberation theology has emerged as a prominent feature of religion and politics, particularly in South America. Originally stemming from the writings of Peruvian priest Gustavo Gutiérrez, this at-once theological and overtly political ideology decries the institutionalized violence of the world’s capitalist society on the poor and oppressed, and argues that God is particularly concerned with the plight of the suffering masses. Christians should therefore make assistance of these poor souls their highest priority, and advocate for any and all methods of alleviating suffering, especially those that work from the premise that society must be toppled and rebuilt for …
Of Ethics And Economics: Contingent Percentage Fees For Legal Services, Janet Ann Laufer
Of Ethics And Economics: Contingent Percentage Fees For Legal Services, Janet Ann Laufer
Akron Law Review
The contingent percentage fee "is the dominant system in the United States by which legal services are financed by those seeking to assert a claim." The contingent fee is practically the exclusive method of compensating attorneys in personal injury cases.' Contingent percentage fees are also frequently employed in antitrust litigation, class suits, minority stockholder suits, worker's compensation practice, tax practice, and will settlements.'I While the Ethical Considerations of the Code of Professional Responsibility authorize use of the contingent fee in most civil cases," contingent fees are generally considered unethical when applied to criminal cases, divorce cases, and arrangements for procuring …
The Attorney-Client Privilege As Applied To Corporate Clients, Elinore Marsh
The Attorney-Client Privilege As Applied To Corporate Clients, Elinore Marsh
Akron Law Review
After sixty-six years of struggle and controversy surrounding the application of the attorney-client privilege to corporate clients the United States Supreme Court has taken one step in laying many questions to rest. Upjohn Co. v. United States was accepted by the Court to resolve differences in the circuits as to how far the privilege extends horizontally and vertically within the corporate structure. This comment discusses the ramifications of extending the privilege to an entity which operates only through its agents, the history of the privilege, the effect of the Upjohn decision and the questions which remain as yet unsolved.
Statute Of Limitations: Discovery Rule For Malpractice, Linda C. Ashar
Statute Of Limitations: Discovery Rule For Malpractice, Linda C. Ashar
Akron Law Review
IN OLIVER V. KAISER COMMUNITY HEALTH FOUNDATION the Ohio Supreme Court adopted the discovery standard for medical malpractice actions, which are subject to Ohio's one-year statute of limitations. In Oliver the court held that a medical malpractice cause of action "accrues and the statute of limitations commences to run when the patient discovers, or in the exercise of reasonable care and diligence should have discovered, the resulting injury." Shortly after Oliver, the court applied the discovery rule to legal malpractice cases in Skidmore & Hall v. Rottman. The discovery standard replaces Ohio's previously judicially adopted rule of termination of …
The True Story Of Lawyer Discipline In Ohio: 1967-1983, Stanley A. Samad
The True Story Of Lawyer Discipline In Ohio: 1967-1983, Stanley A. Samad
Akron Law Review
Ohio is pointed out as among a small minority of states (three) that "still uses procedures identified in the Clark Report . . . as fostering abuse." Although overdrawn, their criticism is not unfair, if the Clark Report's recommendations and the ABA Standards are accepted as norms. For, the investigative and prosecutorial ("relatorship") functions are highly decentralized in Ohio. Moreover, Ohio differs markedly from the ABA Standards with regard to several fundamental conceptions of sanctions, namely in Ohio's "permanent disbarment," irrevocable voluntary resignation, and "indefinite suspension." Further, Ohio has failed to avail itself of several other useful sanctions that help …
Commodity Futures Trading Commission V. Weintraub, Thomas R. Himmelspach
Commodity Futures Trading Commission V. Weintraub, Thomas R. Himmelspach
Akron Law Review
After presenting a general discussion of the attorney-client privilege, this casenote will discuss the facts underlying Weintraub and then review the rationales of the Seventh Circuit and the Supreme Court in their respective holdings. This casenote will discuss other arguments which have been raised in support of the trustee's authority over the privilege. The casenote will conclude with a discussion of other policy and precedent arguments which urge that the trustee should not be given this authority.