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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

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