Now showing items 1-6 of 6
The New Method of Regulating Lawyers: Public and Private Interest Sanctions During Civil Litigation for Attorney Misconduct
The topic of regulating attorney conduct most immediately raises thoughts of disciplinary panels established by court rule or legislative enactment. Such enforcement mechanisms typically are employed to hear alleged ...
Sanctioning Legal Organizations Under the New Federal Civil Rule 11: Radical Changes Loosen More Unforeseeable Forces
Prompted by their perception that significant civil litigation misconduct involving frivolous papers was occurring in federal trial courts, the federal judicial rulemakers first effected a major overhaul of Rule 11 of the ...
Choices About Attorney Fee-Shifting Laws: Further Substance/Procedure Problems under Erie and Elsewhere
Many statutes and rules operating in courts in the United States permit or mandate the shifting of attorney's fees in civil litigation. The erosion of the so-called American Rule on attorney's fees is found in laws that ...
Disciplinary Referrals Under New Federal Civil Rule 11
The 1983 amendments to Federal Civil Procedure Rule 11, concerning sanctions for frivolous litigation papers, prompted much controversy and satellite litigation. By the latter 1980s many called for further changes to the ...
The Presence of Family Members and Others During Attorney-Client Communications: Himmel's Other Dilemma
In re Himmel, the Illinois Supreme Court addressed the dilemma that confronted attorney James Himmel, who had been forced to choose between reporting another attorney's misconduct and maintaining his own client's secret. ...
Fines Under New Federal Civil Rule 11: The New Monetary Sanctions for the "Stop-and Think-Again" Rule
The 1983 amendments to Federal Rule of Civil Procedure Rule 11, which dealt with frivolous litigation papers, prompted much controversy, satellite litigation, and a new cottage industry, Rule amendments in 1983 increased ...