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Full-Text Articles in Law
Legal Ethics - Drafter Of Will Who Serves As Executor, Bert Michael Whorton
Legal Ethics - Drafter Of Will Who Serves As Executor, Bert Michael Whorton
West Virginia Law Review
No abstract provided.
Procedures For Disciplining Attorneys In Virginia
Procedures For Disciplining Attorneys In Virginia
Washington and Lee Law Review
No abstract provided.
Minimum Fee Schedules: Guides Or Strait Jackets, Robert L. Simmons, Gary N. Holthus
Minimum Fee Schedules: Guides Or Strait Jackets, Robert L. Simmons, Gary N. Holthus
Cleveland State Law Review
Several states have minimum fee schedules that set the least amount of compensation a lawyer should charge for a specific legal service. There has been much confusion in bar associations across the country as to the application of minimum fee schedules and the consequences of non-compliance. The American Bar Association has published both formal and informal opinions in an attempt to clearly define the functions of the schedules. In view of the opinions, interviews and statistical studies on the subject of minimum fee schedules, it is apparent that they are too rigid to cope with the practical needs of the …
Education In Professional Responsibility, David B. Goshien
Education In Professional Responsibility, David B. Goshien
Cleveland State Law Review
The problems, indeed the inadequacy of present legal education in ethics and professional responsibility are well known. The traditional methods of preparing law students for the avoidance of ethical and even criminal complaints against them in their future practice of law have been, in the main, divisible into two general categories: the "pervasive" method, through which understanding is supposed to be gained by students as if by osmosis through all courses and general law school contract, and the "specific" method which offers a course in the subject. Both methods are commonly used but neither seems to have achieved an acceptable …
Commencement Of Statute Of Limitations For Malpractice Of An Attorney, James Gordon Joseph
Commencement Of Statute Of Limitations For Malpractice Of An Attorney, James Gordon Joseph
Cleveland State Law Review
In almost all jurisdictions the statute of limitations for the malpractice of an attorney is between one and three years. Although some argue that this is too short a period, the main problem is not in the statute but in its application. Difficulty arises when a court must decide at what point the statute of limitations begins to run. To appreciate a court's problem, the nature and reasons behind statutes of limitations must be understood
Legal Malpractice: Improper Representation Of Conflicting Interests, Marshall J. Nachbar
Legal Malpractice: Improper Representation Of Conflicting Interests, Marshall J. Nachbar
Cleveland State Law Review
When an attorney, for whatever reason-sloth, over zealous conduct, or personal greed-represents a client without being completely loyal to the client's interests there are several things that may occur. The attorney may be subject to disciplinary or disbarment proceedings. He may be disqualified from further representing his client. If the attorney's actions have resulted in damage to his client the attorney may find himself the defendant in a malpractice action. If the cause of the damage is alleged to be the result of an attorney representing dual interests or improperly representing adverse interests then the cause of action will be …
Lawyers' Malpractice In Litigation, Nathaniel Rothstein
Lawyers' Malpractice In Litigation, Nathaniel Rothstein
Cleveland State Law Review
Until recently, when we spoke of malpractice we invariably meant medical malpractice. Less than 20 years ago only a handful of lawyers carried professional liability (malpractice) insurance. This is no longer true. Attorneys who practice in large metropolitan areas are now keenly aware of the importance and necessity of having this insurance coverage; and in no segment of the legal profession is this more urgent than amongst trial lawyers-for much like surgeons in the medical field, trial lawyers are the most vulnerable in attorney-malpractice lawsuits.
Contingent Fee: Champerty Or Champion, Arthur L. Kraut
Contingent Fee: Champerty Or Champion, Arthur L. Kraut
Cleveland State Law Review
In 1952, an article appeared in Reader's Digest magazine castigating both the contingent fee system of financing litigation and the trial lawyers of the United States. Since that article appeared, the client public has been barraged with a stream of propaganda aimed at barring the use of the contingent fee as a means of retaining a lawyer.