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Full-Text Articles in Law
Regulating The Behavior Of Lawyers In Mass Individual Representations: A Call For Reform., Richard Zitrin
Regulating The Behavior Of Lawyers In Mass Individual Representations: A Call For Reform., Richard Zitrin
St. Mary's Journal on Legal Malpractice & Ethics
Cases in which lawyers represent large numbers of individual plaintiffs are increasingly common. While these cases have some of the indicia of class actions, they are not class actions, usually because there are no common damages, but rather individual representations on a mass scale. Current ethics rules do not provide adequate guidance for even the most ethical lawyers. The absence of sufficiently flexible, practical ethical rules has become an open invitation for less-ethical attorneys to abuse, often severely, the mass-representation problem. It is necessary to reform the current rules, but only with a solution that is both practical and attainable, …
Professional Responsibility For The Pro Se Attorney., Margaret Raymond
Professional Responsibility For The Pro Se Attorney., Margaret Raymond
St. Mary's Journal on Legal Malpractice & Ethics
This Article considers how pro se lawyers should be treated under the law of professional responsibility. While courts have addressed whether various aspects of the law of lawyering should be applied to lawyers acting pro se, they have not done so systematically. The Article first demonstrates that the law is not consistent in its treatment of pro se lawyers. It then argues that a purpose-based approach to the issue provides a consistent, rational, and reproducible way to analyze the question. It concludes that whether a particular rule of professional responsibility should apply to a pro se lawyer should be driven …