Tag Archives: Legal Ethics

Midtown With Monroe

The second time that I went to law school, the classroom was a car. Campus was a daily grind of gridlock. The professor was my passenger. Professor’s curriculum consisted of intellect and integrity; of laughter and love. Curricular entry points … Continue reading

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The Essential Monroe Freedman, in Four Works

Capturing Monroe’s sixty years in the law, and the fifty years of our friendship, would be impossible. What does it truly mean to be a lawyer? Monroe addressed this question in so many contexts that no summary can do him … Continue reading

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Monroe Freedman’s Influence on Legal Education

Monroe Freedman’s influence on legal education was profound by any measure. He was much more than a gifted scholar and teacher, though he was both of those, as well as an accomplished lawyer. He was also the antithesis of a … Continue reading

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Monroe Freedman’s Contributions To Lawyers: Engagement, Energy, and Ethics

What an honor to be included in a collective tribute to the life of our mutual hero, Professor Monroe Freedman: a brilliant man, his love of the law and his celebration of lawyering were the stuff of legends. From our … Continue reading

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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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