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Full-Text Articles in Law
The Monopoly Myth And Other Tales About The Superiority Of Lawyers, Leslie Levin
The Monopoly Myth And Other Tales About The Superiority Of Lawyers, Leslie Levin
Faculty Articles and Papers
The legal profession’s control of much of the market for legal services is justified by the claim that only licensed lawyers can effectively and ethically represent clients. This article challenges that claim. A review of a number of studies suggests that experienced nonlawyers can provide competent legal services in certain contexts and in some cases, can seemingly do so as effectively as lawyers. There is also little evidence that lawyers’ legal training, the bar admission requirements, or lawyers’ psychological characteristics make them more trustworthy than nonlawyer legal services providers. The article considers some recent initiatives, such as Washington’s approval of …
Lawyers Going Bare And Clients Going Blind, Leslie Levin
Lawyers Going Bare And Clients Going Blind, Leslie Levin
Faculty Articles and Papers
Many U.S. lawyers "go bare" and represent clients without maintaining malpractice insurance. Efforts to require these lawyers to carry lawyer professional liability (LPL) insurance have mostly foundered, due to bar opposition and concerns about the cost of insurance. As a compromise between protecting the public and protecting lawyers' interests, many states now require lawyers to disclose whether they carry LPL insurance to clients, regulators, or both. This Article draws on survey data from Arizona, Connecticut and New Mexico lawyers that shed light on which lawyers go bare and the reasons why they do so. The Article then looks at states' …
Regulators At The Margins: The Impact Of Malpractice Insurers On Solo And Small Firm Lawyers, Leslie Levin
Regulators At The Margins: The Impact Of Malpractice Insurers On Solo And Small Firm Lawyers, Leslie Levin
Faculty Articles and Papers
Liability insurers often informally regulate the behavior of their insureds through the underwriting process, premium pricing, contract design, and risk management practices. This Article explores whether lawyer professional liability ("LPL") insurers effectively regulate the behavior of solo and small firm lawyers in ways that encourage responsible conduct. The Article draws on interviews of insurance industry executives, risk management counsel, and insured lawyers, as well as insurer documents and surveys of lawyers, to explore the impact of LPL insurers on the work lives of solo and small firm lawyers. The research reveals that LPL insurers appear to regulate the behavior of …