Toward a Multiple Party Representation Model: Moderating Power Disparity
52 Pages Posted: 21 Sep 2008 Last revised: 10 Oct 2008
Date Written: 2003
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.
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