Am I My Partner’s Keeper? Peer Review in Law Firms

45 Pages Posted: 19 Oct 2009 Last revised: 12 Nov 2009

Susan Saab Fortney

Texas A&M University School of Law

Date Written: April 2, 1995

Abstract

This article explores the concept of peer review in the practice of law. The article begins with an introduction to law partners’ liability exposure for the acts or omissions of their law partners. The article explains how this exposure has traditionally been approached as vicarious liability and how the government is attempting to transform these issues into direct liability by using failure to monitor claims. Part I briefly reviews perspectives on the emergence, growth, and structure of law firms, then uses a matrix to show how firm culture and organizational structure affect internal and external controls on attorney conduct. Part II discusses the concept of law firm peer review and identifies its goals and purposes. Part III considers whether law firm principals have a legal duty to monitor their peers. Part IV summarizes the organized bar’s initiative relating to peer review. Part V reviews types of law firm peer review. Part VI concludes by speculating on the future of peer review.

Keywords: peer review, law firms

JEL Classification: K19

Suggested Citation

Fortney, Susan Saab, Am I My Partner’s Keeper? Peer Review in Law Firms (April 2, 1995). University of Colorado Law Review, Vol. 66, No. 2, 1995. Available at SSRN: https://ssrn.com/abstract=1490170

Susan Saab Fortney (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States
817-212-3902 (Phone)

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