Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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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.

Third-Party Funding in International Arbitration

Third-Party Funding in International Arbitration
Author: Lisa Bench Nieuwveld
Publisher: Kluwer Law International B.V.
Total Pages: 330
Release: 2016-04-24
Genre: Law
ISBN: 9041161120

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Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. However, since even the existence of a third-party funding agreement in a dispute is often kept secret, it can be difficult to glean the specifics of successful funding agreements. This welcome book, now updated, expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following: · payment of adverse costs; · “Before-the-Event” (BTE) and “After-the-Event” (ATE) insurance; · attorney financing: pro bono representation, contingency representation, conditional fee arrangements; · loans; · ethical doctrines affecting the third-party funding industry; · possible future bundling, securitization, and trading of legal claims; · risk that the funder may put its own interests ahead of the client’s interests; and · whether the existence of a funding agreement must or should be disclosed to the decision maker. The second edition also includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on Third-Party Funding and how third-party funding is being incorporated into arbitral rules and investment treaties. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, outcome predictability, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.

Litigation, Costs, Funding and Behaviour

Litigation, Costs, Funding and Behaviour
Author: Willem H. van Boom
Publisher: Taylor & Francis
Total Pages: 262
Release: 2016-12-08
Genre: Law
ISBN: 1317104234

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This collection explores the practical operation of the law in the area of litigation costs and funding, and confronts the issue of how exposure to cost risks affects litigation strategy. It looks at the interaction of the relevant legal regime, regulatory framework and disciplinary rules with the behaviour of litigants, courts and legislatures, examining subjects such as cost rules and funding arrangements. The book discusses a wide range of topics such as cost-shifting rules, funding and mass tort litigation, cost rules and third-party funding (TPF) rules in specific areas such as intellectual property (IP) litigation, commercial arbitration, investment arbitration, the role of legal expense insurance arrangements, fee regulation and professional ethics. The contributors include renowned scholars, experts in their respective fields and well-versed individuals in both civil procedure and the practice of litigation, arbitration and finance. Together, they present a broad approach to the issues of costs, cost-shifting rules and third-party funding. This volume adds to the existent literature in combining topics in law and practice and presents an analysis of the most recent developments in this fast developing area.

Contingent Fees for Legal Services

Contingent Fees for Legal Services
Author: F.B. MacKinnon
Publisher: Routledge
Total Pages: 214
Release: 2017-07-12
Genre: Law
ISBN: 1351526111

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The practice of contingent fees - taking a percentage share of the money recovered for damage or injury - began among lawyers as a method of providing legal services for those unable to afford counsel. It is now the dominant method of financing litigation for both rich and poor. F. B. MacKinnon, in this book, examines the ethical and economic questions within the legal profession or ethical theory in general."Contingent Fees for Legal Services" is a thoroughly documented study undertaken by the American Bar Foundation, the research affiliate of the American Bar Association. It provides the information necessary for evaluating the present status of this controversial practice and the proposals for its change. Arguments about contingent fees center around possible abuses in litigation, extreme competition for cases, increased emphasis upon winning cases, and other ethical considerations. This book describes fully the historical, professional and economic context within which contingent fees developed, without attempting to resolve the debates. In addition, the MacKinnon offers in one volume relevant court decisions, statutes and administrative regulations, estimates the proportion of cases presented under contingent fee contracts, and describes fee schedules and practices.As it permits an objective assessment of the fairness of contingent fees both to clients and to lawyers, this book will therefore interest everyone concerned with reforms of the fee system - lawyers and judges, professors and students, plaintiffs and defendants, as well as policymakers. This is an issue that continues to irritate and confound all concerned with the costs as well as rights of the legal profession and its clients.

Third-Party Litigation Finance

Third-Party Litigation Finance
Author: Anthony J. Sebok
Publisher: Aspen Publishing
Total Pages: 864
Release: 2024-01-31
Genre: Law
ISBN:

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Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Litigation finance sits at the intersection of many well-known subjects within the law school curriculum: contracts, torts, civil procedure, evidence, professional responsibility, insurance, and capital markets. There are no professionally produced materials for a professor who wants to teach an entire semester-long course on litigation finance. This casebook is an attempt to fill that gap. Its ten chapters provide a foundation for a two- or three-credit class, although many of the chapters could also be used individually as supplemental material for a free-standing unit on litigation finance in another course, such as torts, civil procedure, or the law of lawyering. Notwithstanding the fact that the law of litigation finance is rapidly developing as investment in litigation and legal services grows, the cases and other materials contained in this book will remain relevant and useful to anyone trying to teach students about this important new body of law. Benefits for instructors and students: Careful selection of the leading cases in the United States about the development and current law of assignment and litigation finance. Diverse selection of secondary source material, including major law review articles, as well as reports and advocacy materials from supporters and critics of litigation finance. Notes following the readings help the student progress through the materials in a logical and coherent manner.

Attorneys' Fees

Attorneys' Fees
Author:
Publisher:
Total Pages: 302
Release: 1981
Genre: Lawyers
ISBN:

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Regulation of Lawyers

Regulation of Lawyers
Author: Stephen Gillers
Publisher: Aspen Publishing
Total Pages: 800
Release: 2024-02-15
Genre: Law
ISBN:

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In this, the Thirteenth edition of Stephen Gillers’ book, Regulation of Lawyers: Problems of Law and Ethics, the author’s goal, as always, is to teach the law and rules governing lawyers and judges with engaging writing and a conversational voice. To that end, he sprinkles the text with literary and historical references, references to current events, amplifying asides (“by the way” stories), and humor. There are new cases, and some repeat cases have been further edited. New problems have been added, and some former problems have been revised to better crystalize their issues. As always, the problems aim for credibility through detail. In addition to the self-study questions and answers, most chapters now contain one or two short “Pop-up Questions” with answers a few pages later. The clarity of notes on secondary issues makes it possible to assign these with little need for class discussion, freeing time for the principal lessons. New to the Thirteenth Edition: New cases and materials on: The formation of the attorney-client relationship The elements of competency, including cultural competency Privilege and confidentiality and their exceptions Allocation of authority between lawyer and client Discipline for inflating bills Screening to prevent imputation of lateral lawyer conflicts The interplay between Rules 1.7(a)(2) and 1.8(a) Prosecutorial misconduct A lawyer’s responsibility for real evidence, such as weapons Rule 8.4(g) The Supreme Court’s decision in 303 Creative Client identity in the corporate context (U.S. v. Elizabeth Holmes) Discipline for lying to the public (Rudolph Giuliani and Jenna Ellis) Litigation funding. “Pop-up Questions” (and answers) in most chapters Benefits for instructors and students: High-profile author—Professor Gillers is a highly visible and recognized national authority on professional responsibility Comprehensive coverage—includes the full range of professional responsibility issues Excellent case selection Manageable length Well-balanced mix of cases, secondary sources, and timely materials—often drawn from recent headlines, and which supports its comprehensive coverage of professional responsibility issues Realistic, helpful, and abundant problems—many based on actual events, and which facilitate class discussion and enable students to understand the rules and regulations that will govern their professional behavior Detailed and challenging notes—providing in-depth treatment of the issues Accessible and engaging style—characterized by variety, clarity, and humor Discussion beyond the rules and from different perspectives—to recognize that the law is not necessarily self-evident and covers many subtleties

Lawyers in Practice

Lawyers in Practice
Author: Leslie C. Levin
Publisher: University of Chicago Press
Total Pages: 401
Release: 2012-04-16
Genre: Law
ISBN: 0226475174

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How do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice. The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.

Legal Ethics

Legal Ethics
Author: Patrick K. Gibson
Publisher:
Total Pages: 152
Release: 2019
Genre: Client security funds
ISBN:

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