Rulemakers should be litigators
Article Abstract:
Proposed changes to the Federal Rules of Civil Procedure by the Advisory Committee on Civil Rules of the Federal Judicial Conference will have a major impact on the attorney-client relationship even though private litigators are virtually unrepresented on the committee. Only two of the twelve members of the committee are lawyers in private practice. While some argue that it is fitting that judges make changes in these rules, others point out that some of the proposed changes provide a disincentive to careful protection of client confidences and work product in favor of speedy resolution of cases.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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Striking back at the dreaded SLAPP
Article Abstract:
Strategic lawsuits against public participation (SLAPPs) have for much of the 1980s been a tool used to allege injury due to others' interactions with government on a matter of public concern. Both government and citizens are fighting SLAPPs in various ways. The legal community and victims are better at identifying suits which constitute political retaliation. Defendants in groundless SLAPPs are being awarded frivolous lawsuit damages. Some states are passing anti-SLAPP laws and governments have intervened in SLAPPs to ensure public access to government agencies.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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Bench-bar alternative for Rule 11
Article Abstract:
Rule 11 of the Federal Rules of Civil Procedure as amended in 1983 was fraught with problems, and the current Aug 1992 revision suggested by the Standing Committee on Rules of Practice and Procedure is a good-faith attempt to correct the difficulties. The revision spreads responsibility for frivolous action from signatory attorney to any attorney or law firm responsible for the violation. It makes clear the rule applies to the defense bar and to denials of factual contentions. It also specifies the purposes and kinds of sanctions that should be imposed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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- Abstracts: Believers shouldn't have to sacrifice rights. Now states act as champions for religion. Pride goeth behind a horse; defending Amish who spurn symbol
- Abstracts: Pro bono should be free choice. Pro bono lawyers are sought for animal rights. Developing strategies for controversial cases; deference to paying clients can obscure a firm's pro bono vision
- Abstracts: The role of a bill of rights. Originalism and interpretive conventions. The true wisdom of the Bill of Rights
- Abstracts: Franchise bills would have broad impact. Franchise law; dealer terminations. Franchise law; disclosure proposals
- Abstracts: Science and Technology Section looks to future. Litigation Section sets new focus. Business Law Section will seek to extend services