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Loss Of Chance In Legal Malpractice, Polly A. Lord
Loss Of Chance In Legal Malpractice, Polly A. Lord
Washington Law Review
The current procedure for proving causation in legal malpractice, known as the trial-within-a-trial method, has dissatisfied courts. One unexplored alternative is the loss of chance doctrine. Compensable chances lost in legal malpractice are capable of definition, and methods for valuing those chances are available. Procedural ramifications of proving legal loss of chance and policy justifications for the doctrine support the incorporation of loss of chance into some legal malpractice litigation.
Labor Law Preemption: The Ninth Circuit Grants Malpractice Immunity To Union Attorneys—Peterson V. Kennedy, 771 F.2d 1244 (9th Cir. 1985), Tim Adams
Washington Law Review
This Note traces the development of federal preemption in labor law, examining Peterson as an illustration of the tendency of courts to broadly interpret federal statutory labor policy. In particular, this Note questions whether preemption in a legal malpractice action is appropriate, since professional negligence is not expressly or impliedly addressed under federal statute, and is not an essential part of the national labor policy expressed in legislative history. This Note concludes that federal law should not have preempted the state cause of action in Peterson. Finally, this Note suggests that recognition of state legal malpractice actions would be an …
Lawyer Advertising, Tim J. Filer
Lawyer Advertising, Tim J. Filer
Washington Law Review
This Survey Comment will give a brief synthesis of the constitutional law underlying the area of attorney advertising, and take a more detailed look at the Zauderer decision. While an overview of the Washington Rules has been given elsewhere in this issue, the primary focus of this comment will be on how the rules meet, and fall short of, the constitutional standards clarified in Zauderer. In particular, the prohibition of direct mail contact with specific persons known to need legal services in a specific matter appears to be unconstitutional. Additionally, the Washington rule limiting the use of trade names may …
Confidentiality Under The Washington Rules Of Professional Conduct, Stuart Watt
Confidentiality Under The Washington Rules Of Professional Conduct, Stuart Watt
Washington Law Review
This Comment examines the lawyer's duty of confidentiality under the RPC. This examination begins with a discussion of the general rule of confidentiality and its purposes. The duty of confidentiality, however, is not absolute, and the RPC provide several exceptions to the rule. Under Rule 1.6, for example, a lawyer may disclose those client confidences necessary to carry out the representation of the client, to collect his or her fees, to defend the lawyer in an action regarding the representation of the client, or upon court order. In addition, under the RPC, the lawyer may reveal client confidences to the …
An Overview Of The Law Of Professional Responsibility: The Rules Of Professional Conduct Annotated And Analyzed, Robert H. Aronson
An Overview Of The Law Of Professional Responsibility: The Rules Of Professional Conduct Annotated And Analyzed, Robert H. Aronson
Washington Law Review
This Article contains two parts with different purposes. The first part consists of an introduction and critique of the recently adopted Washington Rules of Professional Conduct. Some of the rules that differ from the Model Rules, that violate Constitutional requirements, or that inappropriately resolve competing policies are evaluated. Two of the most important areas—confidentiality and advertising—are treated separately and in-depth in student Survey Comments. The second part of this Article consists of an overview of the law of professional responsibility in Washington. It follows the organization and rule sequence of the RPC, with annotations, applications, and interpretations from the ABA …