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Articles 1 - 30 of 49
Full-Text Articles in Law
A No-Fault Remedy For Legal Malpractce?, Melissa Mortazavi
A No-Fault Remedy For Legal Malpractce?, Melissa Mortazavi
Hofstra Law Review
The last forty years have seen a marked rise in legal malpractice lawsuits. Recent numbers show that no abatement is in sight; instead the number of large legal malpractice claims is steadily increasing. Although lawyers have a personal interest in limiting liability, they also have a professional one in protecting clients from harm arising due to malpractice. But how can the legal profession curtail and manage malpractice liability while also providing relief to injured clients? Applying existing tort scholarship on no-fault alternative systems to professional legal services, this Article argues that no-fault may be a viable option in many common …
A Tribute To Monroe Freedman, Stuart Rabinowitz
A Tribute To Monroe Freedman, Stuart Rabinowitz
Hofstra Law Review
No abstract provided.
Reflections Of An Ethics Expert And A Lawyer Who Retains Him, M. H. Hoeflich, Bill Skepnek
Reflections Of An Ethics Expert And A Lawyer Who Retains Him, M. H. Hoeflich, Bill Skepnek
Hofstra Law Review
No abstract provided.
When Clients Sue Their Lawyers For Failing To Report Their Own Malpractice, Benjamin P. Cooper
When Clients Sue Their Lawyers For Failing To Report Their Own Malpractice, Benjamin P. Cooper
Hofstra Law Review
What consequences should befall the lawyer who fails to disclose a significant error to his client? In a previous article, I examined the lawyer’s ethical duty to report his own malpractice to his client, a topic that had previously received little attention from courts and commentators, and concluded that the duty is well-grounded in Rules 1.4 and 1.7. Therefore the lawyer who fails to disclose his error to his client is subject to discipline. This Article addresses the client's ability to state an independent claim against the lawyer for failing to disclose his own malpractice -- a topic that has …
Remarks At Monroe Freedman’S Memorial, Eric Lane
Remarks At Monroe Freedman’S Memorial, Eric Lane
Hofstra Law Review
No abstract provided.
Monroe Freedman: Friend, Role Model, And Colleague, Roy Simon
Monroe Freedman: Friend, Role Model, And Colleague, Roy Simon
Hofstra Law Review
No abstract provided.
Foreword: Legal Malpractice Is No Longer The Profession’S Dirty Little Secret, Susan Saab Fortney
Foreword: Legal Malpractice Is No Longer The Profession’S Dirty Little Secret, Susan Saab Fortney
Hofstra Law Review
No abstract provided.
Aggregate Settlements And Attorney Liability: The Evolving Landscape, Lynn A. Baker
Aggregate Settlements And Attorney Liability: The Evolving Landscape, Lynn A. Baker
Hofstra Law Review
This Article was prepared for the Hofstra Law Review conference on "Lawyers as Targets: Suing, Prosecuting, and Defending Lawyers." Over the past several decades, attorneys involved in mass tort settlements, especially those representing the plaintiffs, have faced an increasing number of large-dollar liability claims centered on the aggregate settlement rule: that is, the state equivalents to Rule 1.8(g) of the ABA Model Rules of Professional Conduct. During this period, courts have held that fee forfeiture, potentially totaling millions of dollars, is an appropriate remedy for violations of the Rule, even in the absence of any demonstrated economic harm to the …
Lawyers On Trial: Juror Hostility To Defendants In Legal Malpractice Trials, Herbert M. Kritzer, Neil Vidmar
Lawyers On Trial: Juror Hostility To Defendants In Legal Malpractice Trials, Herbert M. Kritzer, Neil Vidmar
Hofstra Law Review
In contrast to medical malpractice, legal malpractice is a phenomenon that has attracted little attention from empirically-oriented scholars. This paper is part of a larger study of legal malpractice claiming and litigation. Given the evidence on the frequency of legal malpractice claims, there are surprisingly few legal malpractice cases that result in jury verdicts. There are many possible explanations for this, one of which reflects the perception that lawyers are held in such low esteem by potential jurors that they risk harsh treatment by jurors when they are defendants in legal malpractice trials. Because we could find no empirical evidence …
The Litigation Privilege: Its Place In Contemporary Jurisprudence, Louise Lark Hill
The Litigation Privilege: Its Place In Contemporary Jurisprudence, Louise Lark Hill
Hofstra Law Review
Historically, lawyers have been immune from civil liability for statements related to litigation which may injure or offend an opposing party during the litigation process. This protection is referred to as the “litigation privilege,” which originated in medieval English jurisprudence and continues to be recognized in the United States today. The rationale supporting the litigation privilege is that the integrity of the adversary system outweighs any monetary interest of a party injured by her adversary. Remedies other than lawsuits are available to parties who feel they have been damaged “by malicious statements or conduct during litigation.” For instance, misconduct in …
The Law Of Unintended Consequences: Whether And When Mandatory Disclosure Under Model Rule 4.1(B) Trumps Discretionary Disclosure Under Model Rule 1.6(B), Peter R. Jarvis, Trisha M. Rich
The Law Of Unintended Consequences: Whether And When Mandatory Disclosure Under Model Rule 4.1(B) Trumps Discretionary Disclosure Under Model Rule 1.6(B), Peter R. Jarvis, Trisha M. Rich
Hofstra Law Review
No abstract provided.
Dealing With Conflicts And Disqualification Risks Professionally, James B. Kobak Jr
Dealing With Conflicts And Disqualification Risks Professionally, James B. Kobak Jr
Hofstra Law Review
No abstract provided.
Some Early Thoughts On Liability Standards For Online Providers Of Legal Services, Benjamin H. Barton
Some Early Thoughts On Liability Standards For Online Providers Of Legal Services, Benjamin H. Barton
Hofstra Law Review
No abstract provided.
Childhood Trauma And Special Education: Why The "Idea" Is Failing Today's Impacted Youth, Felicia Winder
Childhood Trauma And Special Education: Why The "Idea" Is Failing Today's Impacted Youth, Felicia Winder
Hofstra Law Review
No abstract provided.
Amending State Putative Father Registries: Affording More Rights And Protections To America’S Unwed Fathers, Ivy Waisbord
Amending State Putative Father Registries: Affording More Rights And Protections To America’S Unwed Fathers, Ivy Waisbord
Hofstra Law Review
No abstract provided.
Legal Malpractice In International Business Transactions, Vincent R. Johnson
Legal Malpractice In International Business Transactions, Vincent R. Johnson
Hofstra Law Review
No abstract provided.
In Memoriam: Professor Monroe H. Freedman
Stop Blaming The Prosecutors: The Real Causes Of Wrongful Convictions And Rightful Exonerations, Charles E. Maclean, James Berles, Adam Lamparello
Stop Blaming The Prosecutors: The Real Causes Of Wrongful Convictions And Rightful Exonerations, Charles E. Maclean, James Berles, Adam Lamparello
Hofstra Law Review
Wrongfully convicted and rightfully exonerated criminal defendants spent, on average, ten years in prison before exoneration, and the ramifications to the defendants, the criminal justice system, and society are immeasurable. Prosecutorial misconduct, however, is not the primary cause of wrongful convictions. To begin with, although more than twenty million new adult criminal cases are opened in state and federal courts each year throughout the United States, there have been only 1,281 total exonerations over the last twenty-five years. In only six percentof those cases was prosecutorial misconduct the predominant factor resulting in those wrongful convictions. Of course, although prosecutorial misconduct …
Fair Users Or Content Abusers? The Automatic Flagging Of Non-Infringing Videos By Content Id On Youtube, Leron Solomon
Fair Users Or Content Abusers? The Automatic Flagging Of Non-Infringing Videos By Content Id On Youtube, Leron Solomon
Hofstra Law Review
The article discusses America's fair use copyright doctrine and the nation's Digital Millennium Copyright Act (DMCA) in relation to the problems that are associated with the use of the Content ID automated digital fingerprinting system to regulateuser-generated Internet content on video-sharing services such as YouTube. The legal liability of Internet service providers for copyright infringement by website users is examined, along with the flagging of non-infringing videos.
Lawyer-Client Confidentiality: Rethinking The Trilemma, Monroe H. Freedman
Lawyer-Client Confidentiality: Rethinking The Trilemma, Monroe H. Freedman
Hofstra Law Review
The article discusses three ethical obligations which bear on attorney-client confidentiality in America in cases involving client perjury as of 2015, and it mentions how U.S. lawyers are required to learn as much as they can about their clients' cases, inform their clients of a lawyer's obligation to keep information confidential, and reveal confidential information to a court if an attorney knows that a client has committed perjury. The American Bar Association's ethical rules are examined.
Wrestling With Equality: Identifiable Trends As The Federal Courts Grapple With The Practical Significance Of Martinez V. Ryan & Trevino V. Thaler, Allen L. Bohnert
Wrestling With Equality: Identifiable Trends As The Federal Courts Grapple With The Practical Significance Of Martinez V. Ryan & Trevino V. Thaler, Allen L. Bohnert
Hofstra Law Review
The article discusses trends in the U.S. federal courts with respect to how those judicial bodies are applying the U.S. Supreme Court's rulings in the case Martinez v. Ryan and Trevino v. Thaler which deal with ineffective assistance of counsel claims and the quality of the legal assistance that prisoners receive during their state collateral-review (post-conviction) proceedings. An equitable exception is addressed in relation to U.S. federal habeas corpus cases and procedural defaults.
Dumping The Probable Cause Requirement: Why The Supreme Court Should Decide Probable Cause Is Not Necessary For Cell Tower Dumps, Amanda Regan
Hofstra Law Review
The article discusses America's probable cause legal doctrine, the Fourth Amendment to the U.S. Constitution, and the reasons why the U.S. Supreme Court should establish a bright line rule for law enforcement regarding requests for cell towerdumps which encompass all of the cellular transmissions and calls that are transmitted through a cell tower at a given time. According to the article, a specific facts standards should be required in order to law enforcement to obtain cell towerdumps.
Implicit Bias And Capital Decision-Making: Using Narrative To Counter Prejudicial Psychiatric Labels, Sean D. O'Brien, Kathleen Wayland
Implicit Bias And Capital Decision-Making: Using Narrative To Counter Prejudicial Psychiatric Labels, Sean D. O'Brien, Kathleen Wayland
Hofstra Law Review
The article presents practical advice for U.S. defense attorneys on the use of narratives to counter the prejudicial psychiatric labels that prosecutors invoke in capital punishment cases, and it mentions implicit bias and decision-making in law. Cognitive psychology is addressed, along with the use of stereotypes and labels such as psychopathy and Antisocial Personality Disorder in order to generate fear. The admissibility of evidence is examined, along with expert evidence in America.
Trying To Get It Right--Ohio, From The Eighties To The Teens, Margery M. Koosed
Trying To Get It Right--Ohio, From The Eighties To The Teens, Margery M. Koosed
Hofstra Law Review
The article discusses the history of the capital punishment (CP) laws and litigation in Ohio as of 2015, and it mentions the Ohio Supreme Court, scrutiny of the state's CP system, and the claim that Texas and Ohio have performed the most executions in America. Justice is addressed in relation to the efforts to improve Ohio's criminal defense services. The U.S. Constitution's Eight and Fourteenth Amendments are examined, along with the CP-related cases Furman v. Georgia and Lockett v. Ohio.