Ethical Issues in Mass Tort Plaintiffs' Representation: Beyond the Aggregate Settlement Rule

45 Pages Posted: 11 Apr 2013

See all articles by Nancy J. Moore

Nancy J. Moore

Boston University School of Law

Date Written: April 9, 2013

Abstract

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

Moore, Nancy J., Ethical Issues in Mass Tort Plaintiffs' Representation: Beyond the Aggregate Settlement Rule (April 9, 2013). Fordham Law Review, Vol. 81, 2013, Boston Univ. School of Law, Public Law Research Paper No. 13-9, Available at SSRN: https://ssrn.com/abstract=2247595

Nancy J. Moore (Contact Author)

Boston University School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States
617-358-0501 (Phone)

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