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Client outside counsel guidelines (“OCGs”) have been in existence for more than a decade, but they are taking on increasing significance as more corporate and financial institution clients develop broad forms of OCGs and adopt policies requiring them for all outside counsel engagements. The authors make the case that indemnity provisions favoring clients, increasingly common features of OCGs, threaten the professional independence of lawyers and the legal profession as a whole, and may be harmful to the client’s interests as well.
The authors, representing three iconic generations, examine ways in which the Millennial generation is driving profound change in who lawyers are and how they carry themselves professionally. In order to coexist constructively within law firms and legal culture, Baby Boomers, Gen Xers and Millennials must make the effort to develop cultural competence with respect to each other’s values and work styles, the authors assert as they synthesize lessons from the relevant literature.
While a number of scholars—including Judge Richard Posner—have been critical of student-edited law reviews over the last twenty years, the author, a leader in the legal professionalism education field, posits that the discussion to date has missed the central reason that no other discipline in the United States has chosen to put its scholarly journals under the control of apprentices. Namely, the author argues, that it is unethical for a peer-review profession to put apprentices in charge of important professional decision-making without reasonable proactive supervision by members of the profession who are fully credentialed.
Nearly half a century after the American Bar Association crafted the first ethics rule governing “aggregate settlements,” the rule’s practical meaning remains elusive, both for practitioners and for the courts. The ongoing struggle for clarity places both lawyers and affected clients at risk, the authors maintain.
General Earl E. Anderson embodied and embraced an extraordinary service ethic that carried him through combat duty in three wars, leadership of international disaster relief efforts, a decisive push to create a new entity home for military and public service lawyers within the American Bar Association, and a critical role in the development of the ABA Military Pro Bono Project. Anderson’s former ABA staff counsel reflects on the ABA Medal recipient’s four seasons of service, and his lasting legacy of making a difference.