Abstract

http://ssrn.com/abstract=2306263
 


 



Regulating the Behavior of Lawyers in Mass Individual Representations: A Call for Reform


Richard Zitrin


University of California Hastings College of the Law

2013

3 St. Mary’s Journal on Legal Malpractice and Ethics 86 (2013)
UC Hastings Research Paper No. 55

Abstract:     
Cases in which lawyers represent large numbers of individual plaintiffs are increasingly common. While these cases have some of the indicia of class actions, they are not class actions, usually because there are no common damages, but rather individual representations on a mass scale. Current ethics rules do not provide adequate guidance for even the most ethical lawyers. The absence of sufficiently flexible, practical ethical rules has become an open invitation for less-ethical attorneys to abuse, often severely, the mass-representation framework by abrogating individual clients’ rights. These problems can be abated if the ethics rules offered better practical solutions to the mass-representation problem. It is necessary to reform the current rules, but only with a solution that is both practical and attainable, and with changes that maintain the core ethical and fiduciary duties owed by lawyers to their individual clients, including loyalty, candor, and independent professional advice.

Number of Pages in PDF File: 27

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Date posted: August 6, 2013  

Suggested Citation

Zitrin, Richard, Regulating the Behavior of Lawyers in Mass Individual Representations: A Call for Reform (2013). 3 St. Mary’s Journal on Legal Malpractice and Ethics 86 (2013); UC Hastings Research Paper No. 55. Available at SSRN: http://ssrn.com/abstract=2306263

Contact Information

Richard Zitrin (Contact Author)
University of California Hastings College of the Law ( email )
200 McAllister Street
San Francisco, CA 94102
United States

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