Add to ORKGIn an aggregate settlement, usually of a mass tort claim, a defendant agrees to pay a specific dollar amount to be divided up by the lawyer among her multiple clients which may number in the hundreds and even thousands. Each client, therefore, is in competition with all of the lawyer’s other clients suing the same defendant for a share of the fixed sum. Rule 1.8(g) of the ABA Rules of Professional Conduct requires that each client give their informed consent to their allocation. To facilitate the settlement and the often quite substantial contingency fees to be earned, lawyers may mislead clients into believing that the amounts allocated to them were the result of individual bargains between their counsel and the defendant. Indeed, notoriou...
It is the way of symposia that, after conveners assign topics for discussion, participants interpret...
This Article identifies a market-based solution for monitoring large-scale litigation proceeding out...
Over the past decades, aggregate litigation has become more common; through various statutory, rule-...
In an aggregate settlement, usually of a mass tort claim, a defendant agrees to pay a specific dolla...
It is odd, considering how often lawyers engage in aggregate settlements, that no one seems able to ...
This Article was prepared for the Hofstra Law Review conference on Lawyers as Targets: Suing, Prose...
The American Law Institute has recently undertaken an entirely new project - Principles of the Law o...
When defendants settle litigation involving multiple plaintiffs, they often insist that they will se...
Those who have addressed ethics issues for plaintiffs’ lawyers in mass tort litigation have focused ...
In the courts and in the academy, the ostensible commitment of American tort law to individualized j...
The American legal system has witnessed a gradual, almost surreptitious, movement toward collective...
The potential for attorneys to collude in reaching a settlement agreement arises in any large-scal...
As the rest of the papers in this symposium issue demonstrate, aggregate litigationi raises difficul...
There is little discussion of legal ethics in the American Law Institute’s recently adopted Principl...
This paper considers settlement negotiations between one defendant and two plaintiffs when the defen...
It is the way of symposia that, after conveners assign topics for discussion, participants interpret...
This Article identifies a market-based solution for monitoring large-scale litigation proceeding out...
Over the past decades, aggregate litigation has become more common; through various statutory, rule-...
In an aggregate settlement, usually of a mass tort claim, a defendant agrees to pay a specific dolla...
It is odd, considering how often lawyers engage in aggregate settlements, that no one seems able to ...
This Article was prepared for the Hofstra Law Review conference on Lawyers as Targets: Suing, Prose...
The American Law Institute has recently undertaken an entirely new project - Principles of the Law o...
When defendants settle litigation involving multiple plaintiffs, they often insist that they will se...
Those who have addressed ethics issues for plaintiffs’ lawyers in mass tort litigation have focused ...
In the courts and in the academy, the ostensible commitment of American tort law to individualized j...
The American legal system has witnessed a gradual, almost surreptitious, movement toward collective...
The potential for attorneys to collude in reaching a settlement agreement arises in any large-scal...
As the rest of the papers in this symposium issue demonstrate, aggregate litigationi raises difficul...
There is little discussion of legal ethics in the American Law Institute’s recently adopted Principl...
This paper considers settlement negotiations between one defendant and two plaintiffs when the defen...
It is the way of symposia that, after conveners assign topics for discussion, participants interpret...
This Article identifies a market-based solution for monitoring large-scale litigation proceeding out...
Over the past decades, aggregate litigation has become more common; through various statutory, rule-...