Recent cases reinforce a client's right to receive accurate information about a case so that the risks of litigation and the value of settlement can be evaluated
Article Abstract:
Legal ethics rules state that lawyers have the duty to exert their utmost efforts to ensure that all the client's decisions are made after the client has been told of all relevant considerations. Legal counsel should not be confined to purely legal considerations, but should include the effect of each legal alternative. The possibility of harsh consequences from legal positions should also be pointed out. Several jurisdictions have cases discussing attorneys' culpability for failing to inform clients of material matters.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Privilege exception flourishes; critics try to limit the crime-fraud standard
Article Abstract:
Attorneys need to shield the attorney-client privilege by urging restrictions on the use of the crime-fraud exception. Prosecutorial attempts to pierce the privilege have increased in the wake of judicial relaxation of the nexus needed between a certain communication and the commission of a crime. An increase in permissions for ex parte proceedings has also endangered confidentiality. Attorneys need to show both substantive and procedural reasons not to pierce the privilege.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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Foiling phone robbers
Article Abstract:
Congress will probably continue consideration of a telemarketing fraud bill in 1993. The bill emphasizes increased law enforcement when other measures are needed more. These measures could include stricter banking and credit card laws, licensing standards for telemarketers and the posting of performance bonds to get telemarketing lines. The fight against telemarketing fraud also needs to be under the aegis of a single government agency.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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