The evidentiary use of the ethics codes in legal malpractice: erasing a double standard
Article Abstract:
Courts should allow the Model Rules of Professional Conduct and the Code of Professional Responsibility to be used as evidence in legal malpractice cases. These attorneys' ethics codes should not be deemed inadmissible either on policy grounds or because they were originally designed for disciplinary purposes. Since courts' objections to the expanded use of these codes appear to be unfounded, they should be admissible in malpractice suits to promote fairness and consistency, and to establish the standard of care.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
Evidence - evidentiary principle - Second Circuit refuses to recognize journalist's privilege for nonconfidential information
Article Abstract:
The US 2d Circuit Court of Appeals' refusal in Gonzales v. National Broadcasting Co. to recognize a journalist's privilege with respect to non-confidential information threatens the public's interest in effective news gathering. By emphasizing privacy concerns over the broad public interest, the court failed to properly weigh the press' role in the nation's political life and its vulnerability as a target for discovery. The court should have followed the 'qualified privilege' test in Petroleum Products.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: The effects of cultural dimensions on ethical decision making in marketing: an exploratory study. An ethical and legal synthesis of dumping: growing concerns in international marketing
- Abstracts: Unauthorized practice of law barred bequest. Impact of S/L on legal malpractice. Strict privity rule adopted in Maryland
- Abstracts: The forty-sixth session of the International Law Commission. The forty-ninth session of the International Law Commission
- Abstracts: Judicial review of agency actions in a period of diminishing agency resources. The inherent limits on judicial control of agency discretion: the D.C. Circuit and the nondelegation doctrine
- Abstracts: Forward: implementing the Constitution. Rights, rules, and the structure of constitutional adjudication: a response to Professor Fallon