Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

PDF

Selected Works

Grace M. Giesel

Professional Ethics

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Alternative Litigation Finance And The Work Product Doctrine, Grace M. Giesel Jun 2012

Alternative Litigation Finance And The Work Product Doctrine, Grace M. Giesel

Grace M. Giesel


The United States judicial system is in the midst of great and fundamental change with regard to funding litigation. Alternative litigation finance (ALF) entities have begun, with much more frequency and success, to provide funding for small matters such as individual personal injury claims and also larger commercial litigation matters between businesses. Historical obstacles such as the champerty doctrine have faded somewhat from the legal landscape in light of the notion that everyone deserves access to justice regardless of bank account balance. In this quickly developing ALF reality, new utilitarian questions have emerged. Perhaps the most important of these is …

Go to article

Upjohn Warnings, The Attorney-Client Privilege, And Principles Of Lawyer Ethics: Achieving Harmony, Grace M. Giesel Dec 2009

Upjohn Warnings, The Attorney-Client Privilege, And Principles Of Lawyer Ethics: Achieving Harmony, Grace M. Giesel

Grace M. Giesel

Individuals who are related to an entity such as a corporation sometimes claim that when they communicated with the entity lawyer, they honestly and reasonably believed that the lawyer represented them. Thus, they claim that the attorney-client privilege applies and protects their statements from disclosure even when the entity has waived its privilege with regard to the communications. Many courts have given privilege claims by entity individuals harsh treatment. These courts, in the interest of protecting the entity, have required individuals to make proofs beyond that required by the traditional definition of the attorney-client privilege. In addition, these courts have …

Go to article