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Articles 61 - 83 of 83
Full-Text Articles in Law
Legal Malpractice: Improper Representation Of Conflicting Interests, Marshall J. Nachbar
Legal Malpractice: Improper Representation Of Conflicting Interests, Marshall J. Nachbar
Cleveland State Law Review
When an attorney, for whatever reason-sloth, over zealous conduct, or personal greed-represents a client without being completely loyal to the client's interests there are several things that may occur. The attorney may be subject to disciplinary or disbarment proceedings. He may be disqualified from further representing his client. If the attorney's actions have resulted in damage to his client the attorney may find himself the defendant in a malpractice action. If the cause of the damage is alleged to be the result of an attorney representing dual interests or improperly representing adverse interests then the cause of action will be …
Lawyers' Malpractice In Litigation, Nathaniel Rothstein
Lawyers' Malpractice In Litigation, Nathaniel Rothstein
Cleveland State Law Review
Until recently, when we spoke of malpractice we invariably meant medical malpractice. Less than 20 years ago only a handful of lawyers carried professional liability (malpractice) insurance. This is no longer true. Attorneys who practice in large metropolitan areas are now keenly aware of the importance and necessity of having this insurance coverage; and in no segment of the legal profession is this more urgent than amongst trial lawyers-for much like surgeons in the medical field, trial lawyers are the most vulnerable in attorney-malpractice lawsuits.
Lawyers' Professional Liability Insurance, Donald J. Ladanyi
Lawyers' Professional Liability Insurance, Donald J. Ladanyi
Cleveland State Law Review
Due to the nature of his profession, the practicing lawyer is invariably confronted with significant financial risks. Because of the growing number of claims for professional negligence, coupled with the fact that the monetary risk of claims is largely unmeasurable, a constantly increasing proportion of lawyers is considering the feasibility of professional liability insurance protection. This type of insurance offers not only financial security, but also a means for the advantageous and efficient settlement of just claims without damaging notoriety.
Contingent Fee: Champerty Or Champion, Arthur L. Kraut
Contingent Fee: Champerty Or Champion, Arthur L. Kraut
Cleveland State Law Review
In 1952, an article appeared in Reader's Digest magazine castigating both the contingent fee system of financing litigation and the trial lawyers of the United States. Since that article appeared, the client public has been barraged with a stream of propaganda aimed at barring the use of the contingent fee as a means of retaining a lawyer.
Tardiness Of Attorneys As Contempt Of Court, Thomas L. Esper
Tardiness Of Attorneys As Contempt Of Court, Thomas L. Esper
Cleveland State Law Review
Tardiness of an attorney is a violation of the Cannons of Professional Ethics. A continual disregard of the canons of ethics constitutes misconduct or moral turpitude. Misconduct or moral turpitude are grounds for disbarment. Just as clearly, tardiness of an attorney is punishable as contempt of court. Contempt of court is viewed as a criminal conviction, since the contemner is subject to fines and imprisonment. Contempt of court, if sufficiently repeated, is ground for disbarment.
Trade Association Offering Legal Services - A Possibility For Small Corporations, Robert R. Hussey
Trade Association Offering Legal Services - A Possibility For Small Corporations, Robert R. Hussey
Cleveland State Law Review
Small corporations generally belong to a trade association which allows them to increase their proficiency in and knowledge of their industry. As a possible solution to the problem of increasing legal service requirements this paper investigates the suitability of allowing these trade associations to provide legal services to member corporations.
Pragmatic Approach To Problems Of Group Law Practice, Herschel Kriger
Pragmatic Approach To Problems Of Group Law Practice, Herschel Kriger
Cleveland State Law Review
United Mine Workers of America, District 12 v. Illinois State Bar Association, is one of the latest in a line of holdings which have demonstrated that areas heretofore considered by the Bar as sacrosanct unto itself or the state courts are not immune from re-evaluation. That decision, rendered on December 5, 1967, was not unexpected in the light of the pronouncements of the Supreme Court in NAACP v. Button, and Railroad Trainmen v. Virginia Bar Association, and the process is likely to continue.
Labor Union Group Legal Service For Members, Eugene Green
Labor Union Group Legal Service For Members, Eugene Green
Cleveland State Law Review
The right of associations to provide their members with legal services appears to be as broad as the freedom of assembly and discussion protected by the First and Fourteenth Amendments. These freedoms "are not confined to any field of human interest" and are of the same dimension in matters of local or national interest.
Group Law Services In Patent Law, G. Franklin Rothwell
Group Law Services In Patent Law, G. Franklin Rothwell
Cleveland State Law Review
If group legal services are to pervade the field of patent law, and in view of the UMW case and the activities of the unregistered patent practitioners, that I suspect is imminent, the most stringent safeguards should be specifically set forth, including the following: specific approvaland regulation by the Patent Office of the group, its modus operandi,and the patent practitioners participation; and stringent restrictions by the Patent Office of the groups' advertising and promotional activities, both written and outside the group. The Patent Office now has statutory authority to regulate registered practitioners, and some regulation could be accomplished in this …
Emily Post Goes To Court, Vincent S. Dalsimer
Emily Post Goes To Court, Vincent S. Dalsimer
Cleveland State Law Review
After a few years of observing attorneys from the other side, rather than the other end, of the counsel table, I have concluded that courtroom etiquette is the most rapidly declining of all of the social or professional graces. Perhaps this is because the fine points of the art are essentially trivia. Perhaps, on the other hand, the laudable modern trend away from the rigidity of procedure and the pre-trial sanctity of the opposing side's theory of the lawsuit has been carried to the point of dropping the facade of courtesy along with the penetration of the shield of the …
Solicitation By And For Attorneys, Richard R. Gygli, Gordon W. Larson
Solicitation By And For Attorneys, Richard R. Gygli, Gordon W. Larson
Cleveland State Law Review
The young attorney often may have time on his hands. He may be tempted to increase his following by advertising or by soliciting clients, but rules of the bar and statutes against solicitation prevent this. There are, of course, some forms of advertising open to all lawyers. National directories and law lists, such as the Martin dale-Hubbell Law Directory, theoretically published only for lawyers, not only advertise the attorney and his firm, but also list the names of any clients whom he wishes to give as representative of his practice and his specialties.
Legal Ethics And The Poverty Program, Kenneth D. Korosec
Legal Ethics And The Poverty Program, Kenneth D. Korosec
Cleveland State Law Review
This paper has attempted to reconcile the neighborhood legal services plan with the existing Canons of Professional Ethics.The prime argument is that the plan provides benefits to society, and that the Canons were designed to prevent evils far different from the questions presented by the project. This is the fundamental issue: whether the canons are merely bent, or, in reality, broken. In either event, the canons should not prevent justice for those too poor to pay for a lawyer. The"redeeming social interest" spoken of by the Court in obscenity cases and the "overriding social importance" talked about in social legislation …
Reasonable Fee And Professional Discipline, William C. Romell
Reasonable Fee And Professional Discipline, William C. Romell
Cleveland State Law Review
The question propounded by this article is - what exactly is the "reasonable" fee, and conversely under what conditions may a fee be adjudged so unreasonable that the legal profession may administer justifiable discipline to the attorney charging such a fee?
Duty Of Attorney Appointed By Liability Insurance Company, Jerry Brodsky
Duty Of Attorney Appointed By Liability Insurance Company, Jerry Brodsky
Cleveland State Law Review
This article examines the right of a liability insurer to control the defense of its insured, the duty owed to him in defending or settling an action brought against him, and liability for negligence in defending the suit. Special attention is given to the conflict of interests which may confront an attorney retained by an insurance company to defend an action brought against a policyholder.
Split Loyalty: An Ethical Problem For The Criminal Defense Lawyer, Gerald S. Gold
Split Loyalty: An Ethical Problem For The Criminal Defense Lawyer, Gerald S. Gold
Cleveland State Law Review
Nowhere in law do ethical considerations play a greater part or come into greater conflict than in the defense of those accused of crime. The lawyer defending an accused owes a duty to his client, a duty to society, and a duty to the court. The duties to each are not completely clear and when the various loyalties conflict, fair, safe, and moral resolutions are most difficult.
Abuse Of Attorneys By Judges, Francis G. Homan Jr.
Abuse Of Attorneys By Judges, Francis G. Homan Jr.
Cleveland State Law Review
Popular notions have it that almost all misconduct in the courtroom is attributable to attorneys. Yet many practitioners before the bar have suffered abuse by members of the judiciary. How frequently this occurs is not known, but sometimes incidents of non-judicial conduct are revealed in other than case reports.
Economic Problems Of Fraud Law, Robert A. Leflar
Economic Problems Of Fraud Law, Robert A. Leflar
Cleveland State Law Review
Whether fraud has changed or not, the economic society in which it occurs has changed, and ethical standards which prevailed a millennium or even a generation ago will not maintain the vaunted efficiency of today's complex commercial and industrial organization.
Attorney-Client Privilege And Corporations, Richard C. Klein
Attorney-Client Privilege And Corporations, Richard C. Klein
Cleveland State Law Review
On August 3, 1962 a memorandum decision was handed down in an antitrust proceeding which startled practicing attorneys and text writers alike. It held specifically that the "attorney-client privilege" did not apply to the corporate client.' What had been accepted as law for over one hundred and twenty-five years was curtly cast aside by Chief Judge William J. Campbell.
Book Review, William Samore
Book Review, William Samore
Cleveland State Law Review
Reviewing Luther J. Binkley, Contemporary Ethical Theories, Philosophical Library, Inc., 1961
Misconduct Of The Trial Attorney, William L. Libby
Misconduct Of The Trial Attorney, William L. Libby
Cleveland State Law Review
An attorney is licensed and is sworn as an officer of the court. Common law proclaims him to be a "minister of justice in aid of the court." Attorneys are the chief instruments of the Anglo-American system of law. An attorney at a trial is not a contestant like unto a gladiator seeking to prevail at any cost. His cause of action, as well as his opponent's, depends upon a fair and impartially conducted trial. The jury's verdict should be based upon the issues made by the pleadings and evidence, and not upon deceptions created by misconduct.
Malpractice Of Patent Attorneys, B. Joan Holdridge
Malpractice Of Patent Attorneys, B. Joan Holdridge
Cleveland State Law Review
This article will consider briefly the general nature of patent practice, and will indicate those areas where negligence on the part of the attorney could prevent a person from obtaining a patent or from having as full coverage of his invention as that to which he is entitled.
Attorneys' Malpractice, William K. Gardner
Attorneys' Malpractice, William K. Gardner
Cleveland State Law Review
An attorney is not an insurer of the result of a case in which he is employed, without a special contract to that effect, nor can more than ordinary skill, care and diligence be required of him without such contract; and where an attorney has acted in good faith and with a fair degree of intelligence in the discharge of his duties under the usual implied contract, any error which he may make must be so gross as to render wholly improbable any disagreement among good lawyers as to the manner of the performance of the services in the given …
Newspapers And The Courts, Marcus D. Gleisser
Newspapers And The Courts, Marcus D. Gleisser
Cleveland State Law Review
A problem of legal ethics that has been hovering over American courts, lawyers and newspapermen for more than half a century has finally landed in open debate in recent months. It is a problem that thus far has done little more than rouse recriminations and countercharges between two forced each of which, surprisingly enough, claims it avidly seeks what is in essence the same goal - justice. The problem is that of newspaper handling of court trials and their pre-trial developments.