Law Commons^™

From Advocate To Party - Defenses For Lawyers Who Find Themselves In Litigation, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

Attorneys, like all professionals, face civil liability when their action or inaction causes harm to a client. When an attorney fails the client, the claim most often asserted, and the claim that is typically most appropriate, is a legal malpractice claim. A legal malpractice claim is based on negligence.' Thus, the elements of a legal malpractice claim are (1) a duty, (2) a breach of that duty, (3) the breach proximately caused injury to the plaintiff, and (4) damages occurred.

Still, attorneys find themselves in a different circumstance than the average litigant. An attorney is not responsible for the client's …

Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller

Articles in Law Reviews & Other Academic Journals

In recent years, narrative has achieved great prominence in legal scholarship and in much other academic work, although the concept is not new. The legal realists always have emphasized the importance of stories; as long ago as 1941, Karl Llewellyn published case studies of the Cheyenne and their dispute settlement practices. In step with the popularity of narrative in legal scholarship, stories about the individuals behind the legal doctrine are increasingly common. While the terms "narrative" and "story" are sometimes used interchangeably, they are not quite the same thing.