The evidentiary use of the ethics codes in legal malpractice: erasing a double standard

Article Abstract:

Courts should allow the Model Rules of Professional Conduct and the Code of Professional Responsibility to be used as evidence in legal malpractice cases. These attorneys' ethics codes should not be deemed inadmissible either on policy grounds or because they were originally designed for disciplinary purposes. Since courts' objections to the expanded use of these codes appear to be unfounded, they should be admissible in malpractice suits to promote fairness and consistency, and to establish the standard of care.

Laws, regulations and rules, Attorneys, Lawyers, Evidence (Law), Malpractice, Legal ethics, Legal malpractice

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Evidence - evidentiary principle - Second Circuit refuses to recognize journalist's privilege for nonconfidential information

Article Abstract:

The US 2d Circuit Court of Appeals' refusal in Gonzales v. National Broadcasting Co. to recognize a journalist's privilege with respect to non-confidential information threatens the public's interest in effective news gathering. By emphasizing privacy concerns over the broad public interest, the court failed to properly weigh the press' role in the nation's political life and its vulnerability as a target for discovery. The court should have followed the 'qualified privilege' test in Petroleum Products.

United States, Cases, Freedom of the press, Confidential communications, Journalistic privilege

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