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Articles 1 - 6 of 6
Full-Text Articles in Legal Remedies
Lawyers As Caregivers, Paula Schaefer
Lawyers As Caregivers, Paula Schaefer
St. Mary's Journal on Legal Malpractice & Ethics
This Article argues that clients—much like patients in a healthcare setting—need their lawyers to be caregivers. The Article opens by developing a definition of caregiving in medicine and law. It then turns to five key components of caregiving in medicine, explaining the substantial research that this care is crucial for patient satisfaction, trust, and healing. Medical educators have drawn on this research to better prepare medical professionals to be excellent caregivers. The Article then explores the evidence that an attorney’s clients have the same needs and suffer similar harm when attorneys fail to meet these needs. Next, the Article turns …
Patients, Corporate Attorneys, And Moral Obligations, Ioan-Radu Motoarcă
Patients, Corporate Attorneys, And Moral Obligations, Ioan-Radu Motoarcă
St. Mary's Journal on Legal Malpractice & Ethics
There are two main questions that any account of corporate lawyers’ moral obligations needs to answer: (1) Do corporate lawyers have moral obligations to third parties? and (2) In cases of conflict between obligations to the corporation and obligations to third parties, which should prevail? This Article offers answers to these questions in the context of lawyers working in medical corporations. I argue that lawyers do have moral obligations to third parties, and that in cases where patients’ rights are being violated by a medical company, patients’ rights should prevail. Consequently, attorney–client confidentiality rules should be relaxed to allow for …
The Sale Of Law Practice In Texas: The Need For A Rule, Ryan Hagens
The Sale Of Law Practice In Texas: The Need For A Rule, Ryan Hagens
St. Mary's Journal on Legal Malpractice & Ethics
Abstract forthcoming.
Untangling Attorney Retainers From Creditor Claims, Cassandra Burke Robertson, Jesse T. Wynn
Untangling Attorney Retainers From Creditor Claims, Cassandra Burke Robertson, Jesse T. Wynn
St. Mary's Journal on Legal Malpractice & Ethics
Clients will often use a retainer to secure an attorney’s representation. But clients in economic distress may have creditors that are eager to access the client’s funds in the attorney’s hands. Attorneys, clients, courts, and regulators have struggled to understand who has the best claim to such retainer funds. In this Article, we attempt to untangle the most common areas of confusion. We conclude that Article 9 of the Uniform Commercial Code (UCC) offers strong protection for an attorney’s interest in client retainers through security interests, even though some courts have misapplied the UCC in this context. Further, we recommend …
Reconceiving Ethics For Judicial Law Clerks, Gregory Bischoping
Reconceiving Ethics For Judicial Law Clerks, Gregory Bischoping
St. Mary's Journal on Legal Malpractice & Ethics
Judicial law clerks hold a unique and critical position in our legal system. They play a central part in the functioning of the judiciary, oftentimes writing the first draft of their judge’s opinions and serving as their trusted researcher and sounding board. Moreover, they are privy to the many highly confidential processes and private information behind the important work of the judiciary. It stands to reason the comprehensive set of ethical duties that bind the world of lawyers and judges should also provide guidance for judicial law clerks. The most important among those ethics rules is a duty of confidentiality. …
Ethical Limits On Promising To Pay An Adverse Award Of Attorney’S Fees Against One’S Client, Chase C. Parsons
Ethical Limits On Promising To Pay An Adverse Award Of Attorney’S Fees Against One’S Client, Chase C. Parsons
St. Mary's Journal on Legal Malpractice & Ethics
Abstract forthcoming.