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Professional responsibility

Grace M. Giesel

Articles 1 - 7 of 7

Full-Text Articles in Law

Alternative Litigation Finance And The Attorney-Client Privilege, 92 Denver U. L. Rev. 96 (2014), Grace M. Giesel Dec 2013

Alternative Litigation Finance And The Attorney-Client Privilege, 92 Denver U. L. Rev. 96 (2014), Grace M. Giesel

Grace M. Giesel

The United States legal system has a new player: the alternative litigation
finance (ALF) entity. In recent years ALF entities have begun
providing financing for small-scale matters and also complex commercial
matters involving millions of dollars. The recent success of ALF has
been assisted by the fact that at least in some jurisdictions it is now clear
that perceived historical barriers to ALF such as champerty, usury, and
ethics precepts do not, in fact, block ALF. With ALF arrangements becoming
more commonplace, questions have emerged about the effect the
integration of ALF entities into attorney-client relationships has on the
attorney-client …

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End The Experiment: The Attorney-Client Privilege Should Not Protect Communications In The Allied Lawyer Setting, Grace M. Giesel Dec 2011

End The Experiment: The Attorney-Client Privilege Should Not Protect Communications In The Allied Lawyer Setting, Grace M. Giesel

Grace M. Giesel

In recent years, courts have seen an explosion of claims that communications need not be disclosed because they enjoy the protection of something often referred to as the “common interest doctrine.” These claims—claims of attorney–client privilege—occur in two situations: the joint client setting and the allied lawyer setting. In a joint client situation, an attorney represents two or more clients on a matter with all parties working together on the joint endeavor. In an allied lawyer situation, several entities or individuals work together on a matter of common
interest but the parties have separate lawyers.
This Article argues, uncontroversially, that …

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When The Criminal Client Intends To Commit Perjury, Grace M. Giesel Jan 2008

When The Criminal Client Intends To Commit Perjury, Grace M. Giesel

Grace M. Giesel

In the case of Brown v. Commonwealth, 226 S.W.3d 74 (Ky. 2007), the Kentucky Supreme Court has provided trial courts and lawyers, especially criminal lawyers, with some much needed ethical guidance. While the case itself was a criminal appeal, not an attorney discipline matter, the Court’s opinion provides insight into the ethical sticky wicket of the proper conduct of the lawyer for a criminal defendant when the defendant intends to commit perjury. Such a situation pits the constitutional rights of criminal defendants against the ethical duties of defense counsel to act with candor to the court.

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The Lawyer-Witness Rule, Grace M. Giesel Apr 2005

The Lawyer-Witness Rule, Grace M. Giesel

Grace M. Giesel

No abstract provided.

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Truth Or Consequences, Grace M. Giesel Jan 2005

Truth Or Consequences, Grace M. Giesel

Grace M. Giesel

No abstract provided.

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Inadvertent Disclosure: A Cautionary Tale Of A Speakerphone And A Voicemail Message , Grace M. Giesel Oct 2004

Inadvertent Disclosure: A Cautionary Tale Of A Speakerphone And A Voicemail Message , Grace M. Giesel

Grace M. Giesel

No abstract provided.

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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

Grace M. Giesel

The corporate practice of law doctrine is illogical and out of step with the modern practice of law when the actual renderer of legal services is an attorney. This paper argues that conflict of interest rules and other rules of professional responsibiity should be used to regulate lawyer involvement in the corporate practice of law. The unauthorized practice of law corporate practice doctrine should be abandoned.

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