Must lawyers tell clients about ADR?
Article Abstract:
Attorneys who do not counsel their clients about the possibile use of alternative dispute resolution (ADR) may be putting themselves at risk for charges of malpractice. The ABA rules concerning the issue are vague, but not informing a client of all their options amounts to malpractice in the medical field and a similar justification could be used in pursuing attorney malpractice classification. It is important that the attorney lets the client choose a method of ADR in order to avoid conflicts of interest. As litigation increases it is likely that discussions about ADR will become part of the definition of adequate counsel.
Publication Name: Arbitration Journal
Subject: Law
ISSN: 0003-7893
Year: 1993
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Take care the suit isn't yours
Article Abstract:
Attorneys who deny clients the option of pursuing alternative dispute resolution should be liable for malpractice. Benefits of litigation and mediation in a particular case should be explored by counsel, with the client making the final choice. Pressure will inevitably be put on lawyers to recommend mediation whenever possible because of crowded courts and the financial benefits of litigation for attorneys. Attorneys wishing to avoid possible malpractice or conflict of interest charges should offer their clients the choice between litigation and mediation.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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Reducing firms' pro bono liabilities
Article Abstract:
Pro bono work is part of an attorney's professional duty, so law firms need to be sure they are minimizing their malpractice liability in this area of their practice as well. Most professional liability policies cover pro bono work to the same extent as paid work, but a firm should check carefully for any gaps in coverage. Young attorneys working pro bono need the same supervision as those doing paid work. Maintaining good pro bono client relations is crucial to preventing later malpractice suits.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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