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Full-Text Articles in Law
Understanding The Ethics Of Empowerment: An Elder Law Lawyer's Challenge Or Obligation?, Gregory T. Holtz
Understanding The Ethics Of Empowerment: An Elder Law Lawyer's Challenge Or Obligation?, Gregory T. Holtz
Northern Illinois University Law Review
This Article considers the concept of empowerment and the obligation lawyers have as they advise and counsel their clients, especially the elderly, in the use of estate planning documents which empower others to undertake responsibility on the client's behalf. The article proposes the lawyer achieve the "good result" for the client as a means of fulfilling that responsibility, applying it in the use of the durable power of attorney, advance directive, and psychiatric advance directive.
New Private Privacy Intrusions During Prelitigation Civil Claim Investigations, Jeffrey A. Parness
New Private Privacy Intrusions During Prelitigation Civil Claim Investigations, Jeffrey A. Parness
Northern Illinois University Law Review
In Lawlor v. North American Corporation of Illinois, 2012, IL 112530, the Illinois Supreme Court first recognized the intentional tort of intrusion upon seclusion. It then applied the tort in favor of a former employee against a former employer whose agents deceitfully investigated the employee in contemplation of future civil litigation. In Lawlor, the employer’s lawyer was also involved in the investigation. Under certain circumstances, under the Lawlor rationale, that lawyer could also be liable in tort to the former employee. Lawyer liability after Lawlor could be founded on either the intentional or unintentional acts of either the lawyer or …
Avoiding A Lawyers' Race To The Foreclosure Bottom: Some Advice To Lawyers For Lenders And Borrowers On Their Roles In Foreclosure Litigation, James Geoffrey Durham
Avoiding A Lawyers' Race To The Foreclosure Bottom: Some Advice To Lawyers For Lenders And Borrowers On Their Roles In Foreclosure Litigation, James Geoffrey Durham
Northern Illinois University Law Review
Lawyers for lenders and borrowers are joining their clients in questionable actions in foreclosure litigation as a massive number of borrower defaults have led to a flood of lawsuits. This article describes some of the practices lawyers for lenders and borrowers have undertaken in this race to the bottom likely rationalized by “the ends justify the means” and “everyone else is doing it, why can’t I?” It goes on to outline the minimum standards set by the rules of legal ethics and to describe just what foreclosure lawyers should be doing. The lessons are not new, but the foreclosure crisis …