Tuesday, May 4, 2010

Risk Article: A Treaty for Conflicts

From The Legal Ethics Forum: "A Treaty for Conflicts" proposes an interesting thought exercise:
  • "Let's say - I know it's counterfactual - that the Fortune 500 (or 1000) and the AmLaw 200 all got together and wrote their own uniform conflict and conflict waiver rules and all the corporate parties agreed that they would govern their attorney-client relationships going forward in so far as the rules allowed informed client consent to such an arrangement, which they largely do. You'd need all or nearly all to get any to sign, but assume it may be feasible."
  • "Or look at it this way: Would the Fortune 500 pick a different set of conflict rules if they had the power to get the courts to change the courts' rules? If so, then why can't they do it on a wholesale basis through a treaty? The challenge is to get them organized and focused on what may be their best interests. Then they can stop complaining that the rules don't make sense for big business and big law."
More detail and discussion on their web site.

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