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Ethical Considerations For The Justice Department When It Switches Sides During Litigation, Clifford Freed
Ethical Considerations For The Justice Department When It Switches Sides During Litigation, Clifford Freed
Seattle University Law Review
This Comment briefly discusses the history of Washington v. Seattle School District No. 1, and then demonstrates the difficulties in applying the present ABA Code of Professional Responsibility to certain ethical questions that can arise when the government changes its allegiance in the midst of litigation. The ethical propriety of the Department of Justice's actions is examined, and alternatives are proposed for situations in which the United States, represented in court by the Justice Department, switches sides in the same case.
Attorney Fee Disgorgement As A Disciplinary Action, Lynn P. Barker
Attorney Fee Disgorgement As A Disciplinary Action, Lynn P. Barker
Seattle University Law Review
This Comment first explores reasons for the rare application of fee disgorgement as a disciplinary measure. It then examines the contexts under which courts deprive attorneys of their fees in both nondisciplinary and disciplinary proceedings. This Comment concludes that, in many cases, disgorgement of fees as a disciplinary action for attorney misconduct would most effectively protect the public, deter unethical conduct, and restore confidence in the legal profession.