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Full-Text Articles in Law
The Ethics Of Collaborative Law, Scott R. Peppet
The Ethics Of Collaborative Law, Scott R. Peppet
Publications
The practice of Collaborative Law - in which both parties agree that should their case fail to settle, both lawyers will be disqualified from proceeding to court - has grown rapidly in the family bar over the last decade. At the same time, the ethics of this practice have been called into question. Competing ethics opinions in 2007 - from the Colorado Bar Association and the American Bar Association - alternately ban and permit the practice. This Article tries to clarify the underlying ethical issues in Collaborative Law, arguing that much confusion has resulted from imprecise understandings of what the …
The (New) Ethics Of Collaborative Law, Scott R. Peppet
The (New) Ethics Of Collaborative Law, Scott R. Peppet
Publications
No abstract provided.
Ethics Of Collaborative Law, The, Scott R. Peppet
Ethics Of Collaborative Law, The, Scott R. Peppet
Journal of Dispute Resolution
This article argues that Collaborative Law can be permissible under the current rules of legal ethics. At the same time, it contends that this is not a foregone conclusion, and that certain Collaborative Law contracts or arrangements are more suspect than others. In short, it argues that collaborative lawyers need to be extremely careful in how they go about their practice if they wish to withstand ethical scrutiny.
Conflicts Of Interest And Disclosures: Are We Making A Mountain Out Of A Molehill, David Allen Larson
Conflicts Of Interest And Disclosures: Are We Making A Mountain Out Of A Molehill, David Allen Larson
Faculty Scholarship
The ethical standards governing conflicts of interest disclosure requirements for arbitrators and mediators are numerous and varied. In spite of the considerable attention that conflict of interest questions attract, both the extent to which an arbitrator must disclose past, present, and potential conflicts of interest and the consequences of a failure to make an appropriate disclosure remain unclear. This article examines disclosure requirements themselves, as well as the sanctions and penalties that may result from a failure to disclose information concerning a neutral's impartiality. Particular attention is paid to what generally is regarded as the most extreme consequence of failure; …