Articles

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Upjohn Warnings, the Attorney-Client Privilege, and Principles of Lawyer Ethics: Achieving Harmony, U. Miami L. Rev. (2010)

Individuals who are related to an entity such as a corporation sometimes claim that when...

 

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Client Responsibility for Lawyer Conduct: Examining the Agency Nature of the Lawyer-Client Relationship, Nebraska Law Review (2007)

Many are the court opinions stating that attorneys are agents of their clients. Traditional agency...

 

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A Realistic Proposal for the Contract Duress Doctrine, West Virginia Law Review (2005)

Fifty-seven years ago, the noted contracts scholar John P. Dawson stated: [T]he modern American law...

 

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Corporations Practicing Law Through Lawyers: Why the Unauthorized Practice of Law Doctrine Should Not Apply, Missouri Law Review (2000)

The corporate practice of law doctrine is illogical and out of step with the modern...

 

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Enforcement of Settlement Contracts: The Problem of the Attorney Agent, Georgetown Journal of Legal Ethics (1999)

The issue of the enforceability of settlement agreements entered into by an attorney on behalf...

 

Books

Popular Press

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When the Criminal Client Intends to Commit Perjury, Louisville Bar Association Bar Briefs (2008)

In the case of Brown v. Commonwealth, 226 S.W.3d 74 (Ky. 2007), the Kentucky Supreme...

 

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Required to Report Misconduct, Louisville Bar Association Bar Briefs (2007)

Should Kentucky lawyers be required to report the misdeeds of other lawyers? Lawyers in forty-six...

 

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The Saga of the Selective Waiver Doctrine, Louisville Bar Association Bar Briefs (2007)
 

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Nonrefundable Fees; The Substance, Not the Label Matters, Louisville Bar Association Bar Briefs (2007)
 

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Agreements That Restrict an Attorney's Practice, Louisville Bar Association Bar Briefs (2007)
 

Unpublished Papers

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Alternative Litigation Finance and the Work Product Doctrine, ExpressO (2012)

The United States judicial system is in the midst of great and fundamental change with...