Legal Profession Commons^™

Bench Memorandum, 21 J. Marshall L. Rev. 940 (1988), Mark A. Absher

UIC Law Review

No abstract provided.

The Changing Face Of American Corporate Law Practice, John Flood

Articles by Maurer Faculty

The professions of the 1980s are completely different from the situation in the 1930s. They are now subject to the norms of business rather than the standards of professionalism.1 It is part of the purpose of this article to show that the practice of law has become a business like any other business activity. As a result of this trans formation, the norms and standards so often identified with the professions have eroded.

In the next part of the article, I outline some of the demographic changes that have taken place in the legal profession and the reasons for them. …

Procedures For Meetings And Organizations, Innis Christie

Innis Christie Collection

Why would an academic psychologist and an academic engineer write a book about "how to set up organizations" and run their meetings? The authors do not answer that question in their preface so we are free to speculate that this is their escape from the "meeting madness" that threatens every academic. They have attempted not only to bring some order into that omnipresent aspect of their own lives but also to share the fruits of their efforts with the rest of us in this very fine handbook.

Sharing Among The Human Capitalists: An Economic Inquiry Into The Corporate Law Firm And How Partners Split Profits, Ronald J. Gilson, Robert H. Mnookin

Faculty Scholarship

Large corporate law firms seem to be in a state of extraordinary flux. Success and failure are both on the rise. Large firms appear to supply a substantial and growing proportion of the legal services consumed by American business enterprises and to hire a significant fraction of the graduating classes of elite American law schools. Moreover, the last twenty years have witnessed a remarkable expansion in both the number of large firms and the absolute size of the biggest. But accompanying this striking success, there are also signs of serious institutional instability. During the last few years, several previously successful …

The Attorney-Client Privilege And The Corporate Client: Where Do We Go After Upjohn?, Michigan Law Review

Michigan Law Review

Part I of this Note examines two of the more popular standards, the Seventh Circuit's "subject matter test" and the Eighth Circuit's "modified subject matter test" and concludes that neither approach is entirely consistent with the purposes of the privilege. Part II argues that the courts should adopt the Eighth Circuit's test with two further modifications. One revision is but a demand for clarification and consistency: the courts should explicitly adopt Dean Wigmore's legal advice requirement for corporate clients. The other modification is more radical: the command requirement should be eliminated. Under this approach, every employee may stand in the …

Attorney-Client Privilege - Corporations - Work Product Doctrine - Administrative Summonses, Dolores Jacobs Krawec

Duquesne Law Review

The Supreme Court of the United States, in a unanimous decision, has held that the control group test for determining the applicability of the attorney-client privilege in the corporate context is overly restrictive and that any future application of the privilege must be on a case by case basis. The Court also held that the work product doctrine is applicable to administrative summonses.

Upjohn Co. v. United States, 449 U.S. 383 (1981).

An Identity Crisis For The Corporate Lawyer, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

The Attorney-Client Privilege: A Look At Its Effect On The Corporate Client And The Corporate Executive, E. Elizabeth Perlman

Indiana Law Journal

No abstract provided.

Evidence--Privileged Communications--The Attorney-Client Privilege In The Corporate Setting: A Suggested Approach, Michigan Law Review

Michigan Law Review

This Note will first review the development of the personal attorney-client privilege and the extent to which the term "client" has been expanded for use with that privilege. Then, the development of the corporate attorney-client privilege will be examined with an eye toward isolating the tests that the courts have used to define the extent of the term "client." Finally, with the results of these examinations in mind, an approach will be suggested that, if adopted by the courts, could effectively eliminate the confusion that presently exists with regard to the scope of the attorney-client privilege in the corporate setting.

Trade Association Offering Legal Services - A Possibility For Small Corporations, Robert R. Hussey

Cleveland State Law Review

Small corporations generally belong to a trade association which allows them to increase their proficiency in and knowledge of their industry. As a possible solution to the problem of increasing legal service requirements this paper investigates the suitability of allowing these trade associations to provide legal services to member corporations.

Attorney-Client Privilege And Corporations, Richard C. Klein

Cleveland State Law Review

On August 3, 1962 a memorandum decision was handed down in an antitrust proceeding which startled practicing attorneys and text writers alike. It held specifically that the "attorney-client privilege" did not apply to the corporate client.' What had been accepted as law for over one hundred and twenty-five years was curtly cast aside by Chief Judge William J. Campbell.

Corporation Lawyer: Saint Or Sinner?, By Harold Levy, Paul Carrington

Indiana Law Journal

No abstract provided.

Corporations - Stockholders - Availability Of Federal Remedy As Basis For Denial Of Attorney Fees In Derivative Action, Jerome Prewoznik

Michigan Law Review

Defendants were directors of Merritt, Chapman and Scott Corporation and of Montgomery Ward & Co., Inc. simultaneously. Plaintiff, a stockholder in Merritt, instituted a derivative suit to compel the resignation of defendants from their positions with Ward on the ground that an interlocking directorate existed making Merritt subject to criminal and civil prosecution under federal law. Defendants resigned before judgment. Plaintiff, arguing that its suit was the cause of the resignations and that Merritt was thereby benefited, moved for an award of counsel fees to be assessed against Merritt. Held, application for counsel fee denied. Plaintiff could have achieved …

Cases On The Law Of Partnership, Floyd R. Mechem, Frank L. Sage

Books

Note to First Edition [1896]: "The following collection of cases has been made primarily for use in connection with the writer's lectures on Partnership in the Law School of this University and to accompany his 'Elements of Partnership' recently published."

Note to Third Edition: "In this edition the number of cases has again [from Second Edition] been considerably increased." F.R.M. ... October 1, 1905