Author Archives: Hofstra Law Review

The Litigation Privilege: Its Place in Contemporary Jurisprudence

Historically, lawyers have been immune from civil liability for statements related to litigation which may injure or offend an opposing party during the litigation process. This protection is referred to as the “litigation privilege,” which originated in medieval English jurisprudence … Continue reading

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Some Early Thoughts On Liability Standards For Online Providers Of Legal Services

This Article discusses a classic intersection of law, science, and technology. Just like common law courts adjusted the “mailbox rule” to cover fax machines, courts will have to adjust their existing approach to liability for harmful legal services, given the … Continue reading

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Dealing With Conflicts and Qualification Risks Professionally

A recent article suggests that a perceived increase in tactical disqualification motions, including those based on conflicts of interest, may be illusory. On the other hand, large and small firms have recently found themselves on the receiving end of such … Continue reading

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A No-Fault Remedy For Legal Malpractice

The last forty years have seen a marked rise in legal malpractice lawsuits. Recent numbers show that no abatement is in sight; instead the number of large legal malpractice claims is steadily increasing. Some have estimated that as many as … Continue reading

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When Clients Sue Their Lawyers For Failing To Report Their Own Malpractice

Lawyers, like all professionals, make mistakes. They blow the statute of limitations, fail to conduct appropriate factual investigations, draft inadequate documents, fail to check for and disclose conflicts, and commit many other kinds of errors. Sometimes lawyers recognize their mistakes … Continue reading

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The Law Of Unintended Consequences: Whether and When Mandatory Disclosure Under Model Rule 4.1(b) Trumps Discretionary Disclosure Under Model Rule 1.6(b)

In 1936, Harvard sociologist Robert K. Merton wrote an article entitled, The Unanticipated Consequences of Purposive Social Action, which sought to explain how and why actions taken for ostensibly clear and desirable purposes may nonetheless lead to negative and unforeseen … Continue reading

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Lawyers On Trial: Juror Hostility To Defendants In Legal Malpractice Trials

An enduring question in the study of civil justice is whether certain types of parties are advantaged or disadvantaged as litigants. Professor Marc Galanter’s classic essay, Why the “Haves” Come Out Ahead: Speculations on the Limits of Legal Change, raises … Continue reading

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Reflections Of An Ethics Expert And A Lawyer Who Retains Him

In the past two decades the legal profession has seen the rise of a new area of focus both for practitioners and academics: the “ethics expert.” Increasingly, experienced lawyers, retired judges, and academic lawyers are devoting a large portion of … Continue reading

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Legal Malpractice In International Business Transactions

Lawyers are at an increased risk of committing legal malpractice when they begin representing clients in areas of the law unfamiliar to them. This is particularly true if the relevant legal principles are complex. Consequently, lawyers who normally specialize in … Continue reading

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Aggregate Settlements And Attorney Liability: The Evolving Landscape

Over the past several decades, attorneys involved in mass tort settlements, especially those representing the plaintiffs, have faced an increasing number of large-dollar liability claims centered on the aggregate settlement rule; that is, the state equivalents to Rule 1.8(g) of … Continue reading

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