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Full-Text Articles in Law

Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson Nov 2000

Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson

Duke Law Journal

Even when related claims are not aggregated by any formal procedural mechanism, the lawyers involved in the separate lawsuits often coordinate their efforts. Such "informal aggregation" raises important questions about the boundaries of a dispute and the boundaries of the lawyer-client relationship. As an ethical matter, the central question is whether a lawyer owes ethical duties to a coordinating lawyer's client. Looking at confidentiality, loyalty, conflicts of interest, and malpractice, Professor Erichson suggests that ethical safeguards for clients of coordinating lawyers are neither strong enough nor explicit enough to provide adequate protection, and the problem inheres in the nature of …


Ethics Issues Faced By Lawyers And Investment Bankers In Mergers And Acquisitions: A Problem Approach And Report Of Panel Discussion, Barry S. Alberts Esq., Samuel Thompson Jr. Jul 2000

Ethics Issues Faced By Lawyers And Investment Bankers In Mergers And Acquisitions: A Problem Approach And Report Of Panel Discussion, Barry S. Alberts Esq., Samuel Thompson Jr.

University of Miami Law Review

No abstract provided.


A Cause Worth Quitting For? The Conflict Between Professional Ethics And Individual Rights In Discriminatory Treatment Of Corporate Counsel, Rachel S. Arnow Richman Jul 2000

A Cause Worth Quitting For? The Conflict Between Professional Ethics And Individual Rights In Discriminatory Treatment Of Corporate Counsel, Rachel S. Arnow Richman

Indiana Law Journal

No abstract provided.


Ready Or Not, Here They Come: Why The Aba Should Amend The Model Rules To Accommodate Multidisciplinary Practices, Bradley G. Johnson Jun 2000

Ready Or Not, Here They Come: Why The Aba Should Amend The Model Rules To Accommodate Multidisciplinary Practices, Bradley G. Johnson

Washington and Lee Law Review

No abstract provided.


Legal Status Of The Lawyer-Director: Avoiding Ethical Misconduct, Stephen M. Zaloom Apr 2000

Legal Status Of The Lawyer-Director: Avoiding Ethical Misconduct, Stephen M. Zaloom

University of Miami Business Law Review

There is a long-standing practice of attorneys accepting positions as corporate directors, roles that to a large degree are indicative of professional accomplishment. Accepting a position on a corporation's board of directors is enticing for lawyers since they may enjoy the opportunity to influence corporate decisions in the business arena. Additionally, lawyers are prime candidates for directorships because they are uniquely qualified to assess business issues from a legal standpoint. In fact, it is common practice both in the past and today for attorneys to assume the dual role of both attorney and director. Corporate clients continuously request that lawyers …


Rule Of Law(Yers), The, Robert F. Cochran Jr. Apr 2000

Rule Of Law(Yers), The, Robert F. Cochran Jr.

Missouri Law Review

In recent years, several lawyers and law professors have written books about the decline of ethical behavior in the legal profession.' They have found that lawyers are more adversarial, less civil, less honest, less concerned with justice, and less happy than in the past.2 Associates are less loyal to firms, and firms are less loyal to associates. 3 Many lawyers lament what the profession has become. They wonder whether they do a good thing. "Can I be a lawyer and a good person?" "Do lawyers add to the misery of the world?"


The Right Of Attorneys To Unionize, Collectively Bargain, And Strike: Legal And Ethical Considerations*, Laura Midwood, Amy Vitacco Jan 2000

The Right Of Attorneys To Unionize, Collectively Bargain, And Strike: Legal And Ethical Considerations*, Laura Midwood, Amy Vitacco

Hofstra Labor & Employment Law Journal

No abstract provided.


The Group Legal Plan Revolution: Bright Horizon Or Dark Future?, Brian Heid, Eitan Misulovin Jan 2000

The Group Legal Plan Revolution: Bright Horizon Or Dark Future?, Brian Heid, Eitan Misulovin

Hofstra Labor & Employment Law Journal

No abstract provided.


The New Law Firm Economy, Billable Hours, And Professional Responsibility, Douglas R. Richmond Jan 2000

The New Law Firm Economy, Billable Hours, And Professional Responsibility, Douglas R. Richmond

Hofstra Law Review

No abstract provided.


Corporations Practicing Law Through Lawyers: Why The Unauthorized Practice Of Law Doctrine Should Not Apply, Grace M. Giesel Jan 2000

Corporations Practicing Law Through Lawyers: Why The Unauthorized Practice Of Law Doctrine Should Not Apply, Grace M. Giesel

Missouri Law Review

Historically, a doctrine has existed within the area of unauthorized practice of law regulation which holds that a corporation or other entity cannot be licensed to practice law and thus cannot legally practice law. Even if the entity hires as an employee an attorney duly licensed to render the service, the doctrine forbids the attomey from representing any party other than the employer because if the attorney were to represent a third party, the entity, a nonlawyer, would be representing the third party, and this would violate the rule that corporations may not practice law.2 The primary motivating rationale of …


Professional Responsibility: Lawyers, A Case Study, Elizabeth Chambliss Jan 2000

Professional Responsibility: Lawyers, A Case Study, Elizabeth Chambliss

Fordham Law Review

No abstract provided.


Truth And Consequences, Stephen Ellmann Jan 2000

Truth And Consequences, Stephen Ellmann

Fordham Law Review

No abstract provided.


Honor As A Deficient Aspiration For "The Honorable Profession": The Lawyer As Nostromo, Robert F. Cochran, Jr. Jan 2000

Honor As A Deficient Aspiration For "The Honorable Profession": The Lawyer As Nostromo, Robert F. Cochran, Jr.

Fordham Law Review

No abstract provided.


There But For Fortune: Real-Life Vs. Fictional Case Studies In Legal Ethics, Bruce A. Green Jan 2000

There But For Fortune: Real-Life Vs. Fictional Case Studies In Legal Ethics, Bruce A. Green

Fordham Law Review

No abstract provided.


Discrediting The Truthful Witness: Demonstrating The Reality Of Adversary Advocacy, Eleanor W. Myers, Edward D. Ohlbaum Jan 2000

Discrediting The Truthful Witness: Demonstrating The Reality Of Adversary Advocacy, Eleanor W. Myers, Edward D. Ohlbaum

Fordham Law Review

No abstract provided.


What Do You Do When You Meet A Walking Violation Of The Sixth Amendment If You're Trying To Put That Lawyer's Client In Jail, Vanessa Merton Jan 2000

What Do You Do When You Meet A Walking Violation Of The Sixth Amendment If You're Trying To Put That Lawyer's Client In Jail, Vanessa Merton

Fordham Law Review

[A] prosecutor…enters a courtroom to speak for the People and not just some of the People. The prosecutor speaks not solely for the victim, or the police, or those who support them, but for all the People. That body of "The People" includes the defendant and his family and those who care about him


The Story Of Mr. G.: Reflections Upon The Questionability Competent Client, Mark Spiegel Jan 2000

The Story Of Mr. G.: Reflections Upon The Questionability Competent Client, Mark Spiegel

Fordham Law Review

No abstract provided.


Sacrificial Attorney: Assignment Of Legal Malpractice Claims, The, John M. Limbaugh Jan 2000

Sacrificial Attorney: Assignment Of Legal Malpractice Claims, The, John M. Limbaugh

Missouri Law Review

The Missouri Court of Appeals for the Western District of Missouri ruled, in a case of first impression, that causes of action for legal malpractice are nonassignable. The court found that permitting assignments would be contrary to public policy because assignments would create a marketplace for legal malpractice claims, jeopardize the attorney's duties of loyalty and confidentiality to the client, and restrict access to competent legal services. This Note agrees with the court's result but will explore and challenge the public policy arguments against assignment of legal malpractice claims.