Ethical Issues in Mass Tort Plaintiffs' Representation: Beyond the Aggregate Settlement Rule
45 Pages Posted: 11 Apr 2013
Date Written: April 9, 2013
Those who have addressed ethics issues for plaintiffs’ lawyers in mass tort litigation have focused on possible reform of the aggregate settlement rule to facilitate global settlements. This Article addresses a broader range of ethical issues, including (1) application of the general conflicts of interest rule to both client-client and client-lawyer conflicts; (2) unresolved issues concerning the interpretation of the current aggregate settlement rule, including the need to disclose client names and the applicability of the rule to court-approved settlements and formula or matrix allocations; and (3) the ability of lawyers to voluntarily withdraw from representing plaintiffs who reject an offer of settlement.
Keywords: legal ethics, conflicts of interest, mass torts, torts, aggregate settlements, practice restrictions
JEL Classification: K13, K19, K39
Suggested Citation: Suggested Citation