Attorneys are often asked to represent more than one party in connection with litigation. This Article evaluates the ethical considerations essential to multiple-party representation and addresses practical considerations to avoid ethical violations.
Professionalism: The Next Level
During the 1990s, concern for lawyer civility was the frequent focus of those concerned with lawyer professionalism. The organized bar took the lead in responding to the civility “crisis” in the profession. A more serious threat to professionalism has recently arisen in response to perceived lawyer involvement in corporate scandals and abusive tax-avoidance schemes. The federal government has adopted statutes and rules that supplant the traditional notions of lawyer independence and self-regulation. To avoid further government encroachment, the legal profession, acting primarily through law firms, must act to reestablish professional independence, especially independence from dishonest clients who could involve lawyers in schemes causing financial harm to the public.
Unique Features of Maritime Collision Law
This Article provides an overview of certain unique legal aspects associated with maritime collision litigation. Although the technology associated with marine navigation has drastically improved over the last few centuries, maritime collisions continue to occur with alarming frequency. Such accidents are often the precursor to costly and complex litigation that ultimately will trigger the application of distinctive legal concepts, rules, and procedures. The following will provide a broad overview of these doctrines, which are unique in their applicability to maritime collision law.
An Update on the Troubled Waters of Towage Law
During the twentieth century, the United States Supreme Court issued two key opinions in domestic towage cases, Stevens v. The White City and Bisso v. Inland Waterways Corp. Each decision caused great uncertainty in the law of towage because each relies on false assumptions and faulty logic. In 2004, towage law was further muddied because of an apparent split of authority between the United States Courts of Appeals for the Fifth and Eighth Circuits over the proper meaning of Rule 14 of the Inland Navigational Rules. Despite these and other uncertainties in the law of towage, two recent decisions awarding limitation of liability to vessel owners demonstrate the ongoing viability of limitation defenses to major towing casualties. The purpose of this Article is to provide an update on the law of towage through (1) a brief background of the Stevens and Bisso decisions, (2) a discussion of the disagreement over the meaning of Rule 14, and (3) an examination of the two recent limitation decisions and the continuing vitality of that defense.