When duty is owed non-clients

Article Abstract:

Transaction lawyers and other attorneys should in some circumstances be held liable for the harm their careless actions or misleading statements cause others relying on them, even non-clients. The courts have often been loath to do so for fear of creating an unlimited liability. However, if three factors are established, liability is both fair and appropriate. These are the falsity of a statement, the foreseeability of specific recipients relying on that statement, and carelessness or worse on the lawyer's part.

Standards, United States, Attorneys, Lawyers, Ethical aspects, Malpractice, Third parties (Law), Legal malpractice

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An increasing number of federal courts have ADR procedures

Article Abstract:

Legal disputes between businesses are increasing faster than any other kind of litigation, and businesses could ameliorate this situation by paying more attention to the possibilities of preventive lawyering. This could happen if management realized that much can be gained by obtaining legal help before matters reach the litigation stage.

Management, Practice, Corporation law, Dispute resolution (Law), Preventive law

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