Abandoning the Agency Model of the Lawyer-Client Relationship: A New Approach for Deciding Authority Disputes

I. Introduction II. The Law of Agency Applied to Lawyers ... A. Defining the Lawyer as Agent ... B. The Substance/Procedure Distinction ... 1. Settlement Agreements as Substance ... 2. Important Procedural Matters as Substance ... 3. Tactical Decisions as Procedure ... C. Consequences of the Lawyer\u27s Procedural Errors III. Distortion and Abandonment of the Agency Model in Practice ... A. Upholding Settlement Agreements ... 1. Distortion of the Agency Model ... 2. Abandonment of the Agency Model ... B. Relief from the Lawyer\u27s Procedural Choices IV. Suggested Alternatives to the Traditional Agency Doctrine ... A. Modified Agency Theories ... 1. Reciprocal Agency ... 2. Joint Venture Model ... B. Informed Consent V. A Proposal for Change ... A. The Client\u27s Interests ... 1. The Nature of the Lawyer-Client Relationship ... 2. The Sophistication of the Client … 3. The Client\u27s Involvement in the Challenged Action ... 4. The Degree of Prejudice to the Client ... B. The Effect on the Other Parties to the Litigation ... C. Effect on the Judicial Process VI. Application of the Suggested Model A. Terrain Enterprises, Inc. v. Western Casualty and Surety Co. … B. Worthy v. McKesson Corp ... C. Wong v. Bailey ... D. Greater Kansas City Laborers Pension Fund v. Paramount Industries, Inc. ... E. In re Marriage of Helsel VII. Conclusio