Cleaning up the S&L mess; courts are taking the duty to investigate seriously

Article Abstract:

Corporate attorneys who want to practice ethically and avoid liability must be alert to client wrongdoing and the attorney's obligations when such wrongdoing is suspected. For one, increased judicial awareness of Federal Rule of Civil Procedure 11 will add to expectations that attorneys investigate suspected wrongdoing. Moreover, ABA Model Rule 1.6 states that attorneys' legal obligations in the face of suspected wrongdoing extend beyond quiet withdrawal from a case. New theories of lawyer liability also add to public expectations of lawyers.

Practice, Ethical aspects, Corporation law, Third parties (Law)

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Sensitivity training; a new way to sharpen your skills at spotting ethics conflicts

Article Abstract:

Rules on legal conflicts of interest are default rules, and there are several reasons attorneys tend not to discuss these matters with clients. These include the fact that the lawyer must disclose confidential information to win consent and the unpredictability of the conflict. These are unavoidable, but the lawyer's fear of losing the client should not enter into the equation. A videotape on ethical issues recently produced by the New York University School of Law may help lawyers make such decisions.

Analysis, Conflict of interests (Attorneys), Conflicts of interest (Lawyers)

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A rule without a reason; let the market, not the bar, regulate settlements that restrict practice

Article Abstract:

ABA Model Rule 5.6(b) prohibiting restrictive covenants is unreasonable because it gives to the bar the market's responsibility to regulate settlements. The rule's interference with a lawyer's decisions about practice may even pose constitutional questions. The rule was adopted before the age of mass torts and can hinder good settlements and foster unnecessary litigation. Attorneys and willing adult clients should be able to make the agreements that best suit them both.

Compromise and settlement, Settlements (Law), Practice of law, Attorney and client

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