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An Exception That Could Swallow the Rule of Qualified Immunity
Attorneys have historically enjoyed a measure of immunity that shields them from suits by non-clients for alleged injury arising from legal advice provided to their clients. Yet the existence of immunity has not dissuaded non-clients from filing suit, and many have sought compensation from attorneys for harm allegedly flowing from the application of their legal advice, especially where the attorney's former client cannot be found or has become judgment proof. In response to such suits, courts have narrowed the scope of attorney immunity in what might be considered foreseeable ways, for example by recognizing exceptions where the attorney and non-client are found to be in a quasi'attorney-client relationship, or where the attorney was acting in his or her own self-interest and beyond the bounds of any attorney-client relationship.
Courts' application of these exceptions has been limited and fact specific. Exceptions are most often found where an attorney has failed to properly draft a will or trust for a known and intended beneficiary, where the attorney was found to have competing duties between a corporation, its board, and its shareholders, and where the attorney was acting for his own self-interest rather than, or in addition to, the interests of his client. Courts have, however, strictly applied attorney immunity in adversarial situations and rarely if ever find an attorney liable to an adverse party in a litigation situation. Consequently, attorneys acting within the proper scope of the attorney-client relationship can generally provide legal advice to their clients without fear of incurring potential liability to those they are not representing, especially during litigation or other demonstrably adversarial settings.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
One Overlooked Element of Executive Safety: Data Privacy
Executives have access to some of the company's most sensitive information, and they're increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?