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College of Law Faculty Scholarship

Ethics

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Full-Text Articles in Law

Gut Renovations: Using Critical And Comparative Rhetoric To Remodel How The Law Addresses Privilege And Power, Lucille Jewel, Elizabeth Berenguer, Teri Mcmurtry-Chubb Jan 2020

Gut Renovations: Using Critical And Comparative Rhetoric To Remodel How The Law Addresses Privilege And Power, Lucille Jewel, Elizabeth Berenguer, Teri Mcmurtry-Chubb

College of Law Faculty Scholarship

No abstract provided.


Unethical Protection? Model Rule 1.8(H) And Plan Releases Of Professional Liability, George Kuney Jan 2009

Unethical Protection? Model Rule 1.8(H) And Plan Releases Of Professional Liability, George Kuney

College of Law Faculty Scholarship

The American Bar Association’s Model Rules of Professional Conduct address the propriety of attorneys obtaining releases from their clients of either past claims or future claims against themselves. Under the applicable Model Rule, both types of releases require the involvement, or the opportunity for involvement, of independent counsel to review and advise the client on the issue.Releases in chapter 11 plans typically cover insiders, members of the creditors’ committee, and the debtor’s and committee’s counsel. Few courts or disciplinary bodies of the various state bars have addressed the ethical issues that arise when counsel insert into a plan of reorganization …