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Full-Text Articles in Law
Malpractice Liability Related To Foreign Outsourcing Of Legal Services, Vincent R. Johnson, Stephen C. Loomis
Malpractice Liability Related To Foreign Outsourcing Of Legal Services, Vincent R. Johnson, Stephen C. Loomis
Faculty Articles
The outsourcing of client-related tasks to service providers in other countries is likely to generate malpractice claims against American law firms. This Article discusses the wide range of theories under which an outsourcing American law firm may be liable for its own negligence or for the actions of outsourcing providers. These theories include negligence by the outsourcing law firm, vicarious liability for the conduct of firm principals and employees, vicarious liability for the conduct of independent contractors, and vicarious liability for the conduct of business partners.
No Laughing Matter: The Intersection Of Legal Malpractice And Professionalism, Nicola A. Boothe-Perry
No Laughing Matter: The Intersection Of Legal Malpractice And Professionalism, Nicola A. Boothe-Perry
Journal Publications
In an effort to increase professionalism among lawyers, an analysis of the relationship between lawyers' professional behavior and legal malpractice claims is warranted. This Article will explore that relationship, and address the need to fuse the two components in an effort to enhance professionalism. The Article will specifically seek to address the questions: (1) Should professionalism be admissible, or even conclusive, evidence of the standard of care of the "reasonable attorney" in legal malpractice cases? and (2) Will a proper definition of the "reasonable attorney" in the context of legal malpractice cases encourage and ultimately enhance professionalism in legal society?