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Full-Text Articles in Law
Who Is The Corporation's Lawyer, Ethan S. Burger
Who Is The Corporation's Lawyer, Ethan S. Burger
West Virginia Law Review
No abstract provided.
Ethical And Aggressive Appellate Advocacy: Confronting Adverse Authority, J. Thomas Sullivan
Ethical And Aggressive Appellate Advocacy: Confronting Adverse Authority, J. Thomas Sullivan
University of Miami Law Review
No abstract provided.
Accidental Clients, Susan R. Martyn
Accidental Clients, Susan R. Martyn
Hofstra Law Review
Most of the time, lawyers represent clients. But lawyers can be consulted and paid, but not serve as lawyers for clients, for example when they are sought out as friends, escrow agents, corporate officers or expert witnesses. The law governing lawyers recognizes the significance of the client-lawyer relationship by imposing fiduciary duties on lawyers who undertake a client representation. These duties, the "4 C's," include communication, competence, confidentiality, and conflict of interest resolution. A wide variety of legal remedies for breach of the 4 C's, including malpractice, fee forfeiture, disqualification, constructive trust, and professional discipline also belong primarily to clients. …
Ethical Issues In Asbestos Litigation, Lester Brickman
Ethical Issues In Asbestos Litigation, Lester Brickman
Hofstra Law Review
Asbestos litigation has given rise to over 50,000,000 claims against 8400 former producers, distributors, installers and sellers of asbestos-containing products. To date, 850,000 claimants have sought compensation, costing businesses and insurance companies over $70 billion and resulting in more than 70 bankruptcies. Over 100,000 deaths are attributable to asbestos exposure with an additional 40,000 deaths anticipated over the next 30 years. Despite the significance of the ethical issues generated by the processes of acquiring, pressing and settling the most massive litigation in history, the legal literature is substantially devoid of any such discussion. One possible reason for this paucity of …
Hard Bargaining On Behalf Of The Government Tortfeasor: A Study In Governmental Lawyer Ethics, Steven K. Berenson
Hard Bargaining On Behalf Of The Government Tortfeasor: A Study In Governmental Lawyer Ethics, Steven K. Berenson
Case Western Reserve Law Review
No abstract provided.
Even Judges Don't Know Everything: A Call For A Presumption Of Admissibility For Expert Witness Testimony In Lawyer Disciplinary Proceedings The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility., Timothy P. Chinaris
St. Mary's Law Journal
Today's practice environment is full of potential ethical pitfalls for even the most conscientious lawyer. The consequences of being found guilty of misconduct can include suspension or disbarment from practicing as a lawyer. Added to these concerns is the fact that the judge or hearing panel before whom the case is tried may not be intimately familiar with the particular ethics rules or how they are interpreted in different areas of practice. In order to mount an effective defense against the disciplinary charges, an accused lawyer may want to introduce expert testimony on his or her behalf. Unfortunately for the …