Legal Profession Commons^™

Lawsuit, Michigan Law Review

Michigan Law Review

A Review of Lawsuit by Stuart M. Speiser

Effect Of Representation On A Claimant's Success Rate -- Three Study Designs, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Improving On The Contingent Fee, Kevin M. Clermont, John D. Currivan

Cornell Law Faculty Publications

Two basic fees--contingent and hourly--dominate the variety of fees that lawyers charge clients for pursuing damage claims. Each of these two types has its advantages; each is plagued with substantial disadvantages. This Article proposes a new type of fee, one that preserves the respective advantages of the two present fees while minimizing their distinct disadvantages.

In essence, the proposed fee calls for the payment, on a contingent basis, of an amount computed by adding one component tied to hours worked and another component linked to amount recovered. The preferability and feasibility of this proposed fee argue for the abolishment, or …

Preparation And Presentation Of The Oral Argument In A Court Of Review, 13 New Eng. L. Rev. 265 (1977), Michael Closen, Marc Ginsberg

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Emerging Right Of Legal Assistance For The Indigent In Civil Proceedings, Jeffrey M. Mandell

University of Michigan Journal of Law Reform

After the Supreme Court declared in Gideon v. Wainwright that indigents have a constitutional right to appointed counsel in criminal cases, attention turned to the possibility that a similar right could be found for civil litigants. Although there is no explicit constitutional guarantee of counsel for the civil litigant, the due process clause, which protects property rights as well as personal freedoms, arguably mandates that there be a right to professional representation of all citizens in all courts. The inability of most laymen to effectively present even a rudimentary case on their own behalf indicates that without counsel a meaningful …

Promise And Reality In Legal Services, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Lawyers And Involuntary Clients: Attorney Fees From Funds, John P. Dawson

Addison Harris Lecture

No abstract provided.

The Corporate Antitrust Audit - Establishing A Document Retention Program, Sheldon S. Toll, Joseph P. Bauer

Journal Articles

Preventive maintenance is a doctrine with which lawyers are becoming—or should become—increasingly familiar. Since the field of antitrust law is potentially fraught with dire consequences for corporate clients, it is an area in which the doctrine of preventive maintenance should be liberally applied.

Don't Speak Of Love, John W. Reed

Other Publications

I was asked to speak to you this morning about communication in the courtroom. Specifically I was told that this group, keenly interested in the trial process, would like to hear any comments I might offer on problems of persuading judges and jurors. If your delegate who invited me misread your interest, you still have time to move to the Lewis and CLark Room, down the hall, where, indeed, some of the most able communicators in the trial business are demonstrating what I shall only describe.

Group Legal Services For Trade Associations, Richard D. Copaken

Michigan Law Review

This Article will examine the goals of the Canons of Professional Ethics in this trade association context, noting the pre-Button limitations on the representation of members of such associations, and analyzing the possible impact of the three cases on the development of group legal services in this area. Hopefully, the perspective gained from such an examination may prove useful in the difficult task immediately confronting the legal profession: reformulation of the Canons to bring them into conformity with Button, BRT and UMW while minimizing, on the one hand, the loss of those traditional conceptions which have continuing value and …

Trademarks-Successful Plaintiffs In Trademark Infringement Actions Under The Lanham Act May Not Recover Attorney's Fees-Maier Brewing Co. V. Fleischmann Distilling Corp., Michigan Law Review

Michigan Law Review

In an action for trademark infringement under the Lanham Act and for unfair competition, the District Court enjoined the defendant company from further use of the trademark and awarded the plaintiff $60,000 in attorney's fees. On appeal, held, reversed in part. The issuance of the injunction was upheld but the court declared that attorney's fees are not recoverable in trademark infringement cases prosecuted under the Lanham Act since Congress had not expressly provided for such awards.

The Contingent Fee Contract In Massachusetts, Kenneth B. Hughes

Articles by Maurer Faculty

No abstract provided.

A Lecture On Appellate Advocacy, Karl N. Llewellyn

Addison Harris Lecture

No abstract provided.

Successful Trial Tactics, By A. S. Cutler, Lloyd Paul Stryker

Indiana Law Journal

No abstract provided.

A Challenge For Unremitting Activity For Reform Of Lower Courts, Joseph R. Curl

West Virginia Law Review

No abstract provided.

Applicability To States Of Federal Legislation Speaking In General Terms, D. C. C. Jr.

West Virginia Law Review

No abstract provided.

Law Departments And Law Officers In American Governments, John A. Fairlie

Michigan Law Review

On all levels of government, national, state and local, the need for the services of professional lawyers has been recognized. In addition to the judges of the higher courts, there are other law officers, whose function it is to give legal advice and assistance to the various executive administrative agencies, and to act as attorneys for the government and its officials in proceedings before the judicial courts in the enforcement of criminal laws and in other cases where the government or its officials are parties or are concerned with the legal problems involved. Little attention has been given to the …

Process--Privilige Of Nonresident Attorney

Michigan Law Review

The defendant, an attorney at law and resident of Minnesota, came into Wisconsin to take depositions to be used in suits pending in Minnesota. Upon arrival he and the witnesses were served with an injunction restraining the taking of the depositions. While awaiting a hearing upon the injunction, in which he intended to appear in his own behalf and as attorney for the witnesses, personal service of a Wisconsin summons in the instant action was made upon him, naming as defendants himself and the law firm of which he was a member. A motion to set aside the service of …

The Trial Brief, Edson R. Sunderland, Clifford W. Crandall

Book Chapters

From the chapter Introduction: "The object of the preceding chapters is to show the brief maker where to find the material for his brief, how to find it, and how to select out of the mass of material found that which will be suitable for his use.... The present purpose is to outline a course of investigation suitable to the preparation of a case for trial and to suggest methods of making the material collected during the search for authorities readily available." [p.417-418]

The Trial Brief, Edson R. Sunderland

Book Chapters

From the chapter Introduction: "The object of the preceding chapters is to show the brief maker where to find the material for his brief, how to find it, and how to select out of the mass of material found that which will be suitable for his use.... The purpose of this lesson is to outline a course of investigation suitable to the preparation of a case for trial, and to suggest methods of making the material collected during the search for authorities readily available." [p.353]

Cases On Procedure, Annotated. Common Law Pleading, Edson R. Sunderland

Books

“No subject is more intimately connected with the history and development of our law than common law pleading. In sharp contrast with the other great system of law, that founded by the Romans, the common law has not been the product of legislation, but of litigation. It has grown up in the atmosphere of courts of justice. Such a genesis would necessarily give it a strong procedural favor, and would tend to emphasize remedies at the expense of rights. Procedure might therefore be expected to play a much larger part in the development of the common law than in the …

Cases On Procedure, Annotated. Trial Practice, Edson R. Sunderland

Books

“The present volume is intended to develop and disclose the rational basis for the main principles of practice employed in the trial of civil actions at law. Recourse has been had to the whole body of American case law, and the choice of cases has been determined by the clearness with which the court has shown a logical justification for the decision made….

“The cases have been very freely edited, and everything not germane to the subject for which the case was chosen has been omitted….” --Preface

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attachment--Power of Notary Public to Take Affidavit Where He is an Attorney for One of the Parties; Bankruptcy--Effect of Discharge--Res Adjudicate; Bills and Notes--Presentment and Demand by Telephone; Constitutional Law--Commerce--State Regulation of Interstate Telegrams; Constitutional Law--community Property--Alienation Without Consent of Wife; Corporations--Criminal Responsibility--Imputation of Intent and Knowledge; Corporations--Dividends--Compulsory Declaration; Corporations--Stockholder's Right to Examine Books--Motive; Easements--Grants for Pipe Lines--Rights Acquired--Telephone Line; Evidence--Character of Disbarment Proceedings--Use of Deposition; Evidence--Uncorroborated Testimony of an Accomplice; Fraudulent Conveyances--Voluntary Conveyances--Solvency and Insolvency of Grantor; Homestead--When Liable for Debts; Husband and Wife--Exception to Presumption of Coercion--House of Ill Fame; Injunction--Action on Note by Attorney Against Client--Remedy at …

The Trial Brief, Edson R. Sunderland

Book Chapters

Professor Sunderland writes in introduction to his chapter: "As this is not a book of practice, an extended discussion of the general subject of 'Preparation for Trial' would manifestly be out of place.... The purpose of this part is to outline a course of investigation suitable in preparing a case for trial and to suggest methods for making the materials so obtained readily available." [p.207]

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney--disbarment for Malpractice; Bills and Notes--Certification of Check; Bills and Notes--consideration--Illegal Use of Proceeds--Sunday Contracts; Bills and Notes--Notice of Protest; Carrier--Invalid Ticket--Tender of Cash Fare--Ejection of Passenger; Common Carriers--Express Companies--Municipal Tax on Delivery of Intoxicating Liquors--Mandamus to Compel Transportation; Common Carriers--Limitation of Liability by Special Contract--Hand Baggage; Constitutional Law--Obligation of Contract; Constitutional law--Privileges of Citizens--Interstate Commerce--Peddler's License; Corporations--conflict of Laws--Liability of Stockholders in Company Formed to Trade in a Foreign Country--Implied Authority to Pledge Personal Credit of Shareholders Under Foreign Law; Covenants--Privity of Estate; Criminal Law--False Pretenses--Post payable Check; Criminal Law--Presumption from Identity of Names; Deeds--Capacity of Grantor as Compared …

A Manual Of Equity Pleading And Practice, Bradley M. Thompson

Books

The following manual is intended simply as an introduction to the study of Equity Pleading and Practice, and to the course of lectures delivered upon that subject. The manual has been divided into lectures for the purposes of indicating the ground which a particular lecture will cover. It is expected that the student will master the printed synopsis before attending a given lecture.