Conflicts Of Interest And The Indigent Client
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Conflicts Of Interest And The Indigent Client
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Author : David H. Taylor
language : en
Publisher:
Release Date : 2016
Conflicts Of Interest And The Indigent Client written by David H. Taylor and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
In order to revisit the application of conflict of interest principles to legal services practice, this article employs a survey of legal services providers. In addition to setting a context for discussion by determining the nature of the conflicts most frequently encountered by legal services offices, the survey resulted in two significant findings. First, the legal services client who is denied representation due to a conflict of interest most often is left without any source of representation. Second, the conflicts that most frequently lead to the denial of representation of the indigent client often do not involve any actual prejudice to the client. Building upon the findings of the survey, this article argues that the presumption of prejudice inherent in conflict principles serves to unnecessarily deny the legal services client access to the only available source of representation. It examines and compares the interests involved in the legal services attorney-client relationship to that involved in the for-profit attorney client relationship. That examination shows that the lack of pecuniary interests of the legal services attorney, when coupled with the unique interest of the legal services client in representation from the only available source, makes the presumptions of prejudice necessary for the protection of the for-profit client unnecessary and therefore inappropriate to the legal services attorney-client relationship. Consequently, this article argues that, in the legal services context, the application of conflict of interest principles should be based upon a standard of actual prejudice rather than on the present presumption of prejudice standard. This article also will address the arguments of courts and commentators who have claimed that a different application of conflict of interest principles in legal services would result in an unacceptable compromise of client interests.
Analysis Of Conflict Of Interest Cases For The Representation Of Indigent Clients
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Author : San Francisco (Calif.). Board of Supervisors. Budget Analyst
language : en
Publisher:
Release Date : 1992
Analysis Of Conflict Of Interest Cases For The Representation Of Indigent Clients written by San Francisco (Calif.). Board of Supervisors. Budget Analyst and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Conflict of interests categories.
Model Rules Of Professional Conduct
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Author : American Bar Association. House of Delegates
language : en
Publisher: American Bar Association
Release Date : 2007
Model Rules Of Professional Conduct written by American Bar Association. House of Delegates and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Are Differences Among The Attorney Conflict Of Interest Rules Consistent With Principles Of Behavioral Economics
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Author : Leonard Gross
language : en
Publisher:
Release Date : 2006
Are Differences Among The Attorney Conflict Of Interest Rules Consistent With Principles Of Behavioral Economics written by Leonard Gross and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with categories.
This article examines whether the disparate treatment by the Model Rules of Professional Conduct ("Model Rules") of different types of conflicts of interest evidences unrealistic assumptions on the part of the framers of the Model Rules regarding lawyer and client behavior. The Model Rules and court decisions interpreting them treat different types of conflicts of interest differently. At one extreme, conflicts posed by a lawyer representing a client on a contingency fee basis do not even require disclosure. Moving in from this extreme, general conflicts of interest require disclosure and client consent confirmed in writing. In addition, the lawyer must reasonably believe that he can handle the case competently and diligently, the representation is not prohibited by law, and does not involve a claim by one client against another in the same litigation or other proceeding before a tribunal. Moving even further along the continuum, conflicts posed by a lawyer entering into business transactions with his client require that the terms be fair and reasonable and transmitted in writing, that the client be advised in writing to seek independent counsel, and that the client give informed written consent to the essential terms of the transaction, including the lawyer's role in the transaction. Some transactions are viewed as so problematic that they are absolutely forbidden, such as providing financial assistance to a client during pending or contemplated litigation, except for the advancement of court costs and expenses of litigation. Repayment of these costs and expenses may be contingent on the outcome of the matter or can be provided with no strings attached if the client is indigent. Likewise, prior to the conclusion of representation, a lawyer cannot negotiate an agreement giving the lawyer literary or media rights to an account based in substantial part on information relating to the representation. Finally, a lawyer cannot have sexual relations with a client unless a consensual relationship already existed between them when the client-lawyer relationship commenced. Such disparate treatment stems in part from the Model Rules' drafters' perception that some conflicts are more likely to cause a lawyer to take advantage of a client than others, and some conflicts make it more difficult to obtain informed consent than others. Still other conflicts may be permissible for policy reasons having nothing to do with the dangers posed by the conflict. This article analyzes whether such disparate treatment is warranted and what it says about the Model Rules' framers' assumptions concerning human behavior. If such disparate treatment cannot be justified, then we must ask whether the framers' assumptions were mistaken, or whether the conflict of interest rules are the product of a conscious or subconscious attempt to serve the interests of attorneys at the expense of their clients. This article explores principles of behavioral economics to determine whether the differences among the Model Rules governing conflicts of interest can be justified based on predictions about how lawyers and clients behave in such situations. Behavioral economics and social science literature would suggest that lawyers, like other humans, behave in a way to maximize their self-interest. However, some commentators have suggested that lawyers will behave in accordance with a higher "professional" mode. This article examines empirical evidence regarding how lawyers and clients behave in conflict of interest situations. This article analyzes whether the general model of behavioral economics applies to lawyers or whether lawyers will adhere to a "professional" model even when it is not in their best interest to do so.
Lawyer Disqualification
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Author : Richard E. Flamm
language : en
Publisher:
Release Date : 2003
Lawyer Disqualification written by Richard E. Flamm and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
Conflicts Of Interests Between Claimholders Lawyers And Litigation Entrepreneurs
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Author : Vicki C. Waye
language : en
Publisher:
Release Date : 2013
Conflicts Of Interests Between Claimholders Lawyers And Litigation Entrepreneurs written by Vicki C. Waye and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
Relationship between legal practitioner, litigation funder and client - types of conflicts of interest - ensuring that conflict of interest issues are adequately protected in funded proceedings - mechanisms for regulating the lawyer-client relationship - fiduciary duty - models of proceedings management - results of survey of business practices of litigation funders.
Whose Side Are You On Anyway Former Client Conflict Of Interest
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Author : Andrew D. Mitchell
language : en
Publisher:
Release Date : 2015
Whose Side Are You On Anyway Former Client Conflict Of Interest written by Andrew D. Mitchell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
Changes in the practice of law have increased the potential for conflict between the duties owed to former and current clients. In particular, the development of the mega-firm and increases in lawyer mobility have placed enormous pressure on the existing conflict rules. This article examines the different approaches to disqualification of practitioners in this situation, and the various stages and components of the disqualification process. In determining the appropriate approach to disqualification, the importance of maintaining high standards in the legal profession, allowing litigants to choose their own counsel and mobility within the legal profession must be kept in mind. The current rule, which is based on the possibility of misuse of confidential information and an irrebuttable presumption of shared confidences, could lead to the absurd situation where the movement of a few lawyers would disqualify entire firms. This article proposes reform to the current rule to create a more flexible approach to conflict disqualification. This would involve an irrebuttable presumption of disclosure of confidential information at the primary disqualification stage, combined with the safeguard of a threshold substantial relationship test. At the secondary disqualification stage there would be a presumption of shared confidences rebuttable by appropriately built Chinese Walls. This type of approach to disqualification achieves a better balance of the competing policy interests while taking into account the realities of modern legal practice.
Conflict Of Interest In Medical Research Education And Practice
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Author : Institute of Medicine
language : en
Publisher: National Academies Press
Release Date : 2009-10-16
Conflict Of Interest In Medical Research Education And Practice written by Institute of Medicine and has been published by National Academies Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-10-16 with Medical categories.
Collaborations of physicians and researchers with industry can provide valuable benefits to society, particularly in the translation of basic scientific discoveries to new therapies and products. Recent reports and news stories have, however, documented disturbing examples of relationships and practices that put at risk the integrity of medical research, the objectivity of professional education, the quality of patient care, the soundness of clinical practice guidelines, and the public's trust in medicine. Conflict of Interest in Medical Research, Education, and Practice provides a comprehensive look at conflict of interest in medicine. It offers principles to inform the design of policies to identify, limit, and manage conflicts of interest without damaging constructive collaboration with industry. It calls for both short-term actions and long-term commitments by institutions and individuals, including leaders of academic medical centers, professional societies, patient advocacy groups, government agencies, and drug, device, and pharmaceutical companies. Failure of the medical community to take convincing action on conflicts of interest invites additional legislative or regulatory measures that may be overly broad or unduly burdensome. Conflict of Interest in Medical Research, Education, and Practice makes several recommendations for strengthening conflict of interest policies and curbing relationships that create risks with little benefit. The book will serve as an invaluable resource for individuals and organizations committed to high ethical standards in all realms of medicine.
Conflicts Of Interest Involving Multi Tier Clients Multi Office Firms And Mobile Lawyers
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Author : American Bar Association. Section of Business Law. Meeting
language : en
Publisher:
Release Date : 1993
Conflicts Of Interest Involving Multi Tier Clients Multi Office Firms And Mobile Lawyers written by American Bar Association. Section of Business Law. Meeting and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Attorney and client categories.
Positional Conflicts Of Interest
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Author : John S. Dzienkowski
language : en
Publisher:
Release Date : 2013
Positional Conflicts Of Interest written by John S. Dzienkowski and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
A positional conflict of interest occurs when a law firm adopts a legal position for one client seeking a particular legal result that is directly contrary to the position taken on behalf of another present or former client, seeking an opposite legal result, in a completely unrelated matter. The classic positional conflict of interest arises in litigation when a lawyer or law firm argues for one interpretation of the law on behalf of one client and for a contrary interpretation on behalf of another client. Such conflicts may also arise in the lobbying context when the lawyer or law firm is arguing for a particular change in the law for one client and in another representation is making a legal argument inconsistent with the position advanced for the first client. These conflicts may further arise in the transaction context when the lawyer or law firm drafts a particular arrangement for one client and for another client attacks the propriety of a similar arrangement.