Tuesday, August 5, 2008

Wald on Client Communications, the Model Rules' Concept, and Making It a Dialog

Eli Wald (Denver) has posted to SSRN his article, Taking Attorney-Client Communications (and therefore Clients) Seriously.  It is also in 42 University of San Francisco Law Review 747 (2008).  Here is the abstract:

This Article argues that the communications regime orchestrated by the ABA Model Rules of Professional Conduct is intentionally designed to create a one-way street, systematically channeling information in the attorney-client relationship in lawyers' direction while oftenEliwaldfull_2 leaving clients in the dark. Furthermore, the asymmetric distribution of information in the attorney-client relationship is not in clients' best interests but rather grounded in lawyers' self-interest and in a paternalistic approach that fails to take communications, and therefore clients, seriously. Finally, taking communications, and thus clients, seriously requires adopting a new communications regime that would mandate disclosure of all material information to clients. The Article proposes a materiality-based communications regime and explores its application in several contexts.

Wald has also published on the historical development of the Jewish law firm, as noted in our prior post.  He also speaks on screening conflicts of interests, as in this Colorado CLE.


Abstracts Highlights - Academic Articles on the Legal Profession, Privilege | Permalink

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