Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Dealing Fairly With Estate And Trust Beneficiary Complaints, Robert Whitman
Dealing Fairly With Estate And Trust Beneficiary Complaints, Robert Whitman
Faculty Articles and Papers
No abstract provided.
Buying Witness Silence: Evidence-Suppressing Settlements And Lawyers' Ethics, Jon Bauer
Buying Witness Silence: Evidence-Suppressing Settlements And Lawyers' Ethics, Jon Bauer
Faculty Articles and Papers
Lawyers frequently draft settlements that impede other parties' access to relevant evidence through clauses that prohibit the plaintiff from disclosing information to anyone with a claim against the defendant or forbid all discussion of the facts underlying the dispute. This Article argues that lawyers who negotiate these noncooperation agreements violate Rule 3.4(f) of the Model Rules of Professional Conduct, which prohibits requesting someone other than the lawyer's own client to withhold relevant information from another party, and Model Rule 8.4(d), which prohibits conduct prejudicial to the administration of justice. The conventional wisdom among practitioners and legal ethics scholars has been …