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...



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...



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...



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...



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...



Popular Press


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...



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...



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


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


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

Unpublished Papers


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...