Abstract
I. Introduction
II. The Law of Agency Applied to Lawyers ... A. Defining the Lawyer as Agent ... B. The Substance/Procedure Distinction ... 1. Settlement Agreements as Substance ... 2. Important Procedural Matters as Substance ... 3. Tactical Decisions as Procedure ... C. Consequences of the Lawyer's Procedural Errors
III. Distortion and Abandonment of the Agency Model in Practice ... A. Upholding Settlement Agreements ... 1. Distortion of the Agency Model ... 2. Abandonment of the Agency Model ... B. Relief from the Lawyer's Procedural Choices
IV. Suggested Alternatives to the Traditional Agency Doctrine ... A. Modified Agency Theories ... 1. Reciprocal Agency ... 2. Joint Venture Model ... B. Informed Consent
V. A Proposal for Change ... A. The Client's Interests ... 1. The Nature of the Lawyer-Client Relationship ... 2. The Sophistication of the Client … 3. The Client's Involvement in the Challenged Action ... 4. The Degree of Prejudice to the Client ... B. The Effect on the Other Parties to the Litigation ... C. Effect on the Judicial Process
VI. Application of the Suggested Model A. Terrain Enterprises, Inc. v. Western Casualty and Surety Co. … B. Worthy v. McKesson Corp ... C. Wong v. Bailey ... D. Greater Kansas City Laborers Pension Fund v. Paramount Industries, Inc. ... E. In re Marriage of Helsel
VII. Conclusion
Recommended Citation
Arnold I. Siegel,
Abandoning the Agency Model of the Lawyer-Client Relationship: A New Approach for Deciding Authority Disputes,
69 Neb. L. Rev.
(1990)
Available at: https://digitalcommons.unl.edu/nlr/vol69/iss3/2