Toward a Multiple Party Representation Model: Moderating Power Disparity

52 Pages Posted: 21 Sep 2008 Last revised: 10 Oct 2008

See all articles by Henry Ordower

Henry Ordower

Saint Louis University - School of Law

Date Written: 2003

Abstract

Argues that the zealous representation model of contemporary legal practice with its emphasis on primacy of the client causes lawyers to assist and motivate their clients to exploit the clients' power advantages in non-litigation contexts. The article recommends that ethical rules shift to a multiple client representation model. The model would be based upon the Brandeisian "lawyer for the situation" and would empower attorneys in non-litigation settings to consider and evaluate the impact of their activities on other constituencies that the representation affects. Attorneys would become better able to encourage their clients to seek distributional fairness and balance in their business and personal legal activities to the possible long term advantage of both client and lawyer.

Suggested Citation

Ordower, Henry, Toward a Multiple Party Representation Model: Moderating Power Disparity (2003). Ohio State Law Journal, Vol. 64, No. 5, 2003; Saint Louis U. Legal Studies Research. Available at SSRN: https://ssrn.com/abstract=1270623

Henry Ordower (Contact Author)

Saint Louis University - School of Law ( email )

100 N. Tucker Blvd.
St. Louis, MO 63101
United States

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