Recent Law Review Articles Concerning the Legal Profession This article is the fifth installment of what was begun in volume six of the Journal of the Legal Profession as a compilation of law review articles, comments and notes written about the legal pro- fession and published between 1976 and 1980. Each subsequent volume of the Journal has expanded the compilation to include the articles written about the legal profession and published dur- ing the year preceeding the respective date of the volume's publi- cation. Accordingly, this volume contains a survey of the articles, comments and notes published in 1984.

This survey is organized into three parts. Part I summarizes some of the major articles dealing with the legal profession. Part 11 lists related symposia recorded in legal journals and reviews. Finally, Part 111 is an alphabetical listing by author of articles, comments, and notes regarding the legal profession that were not reviewed in Part I.

Part I

Johnson, Lawyer, Thou Shall Not Steal, 36 RUTGERS L. REV. 454 (1984).

This article addresses the problem of lawyers who steal. The first major topic covered is the common law of New Jersey regard- ing attorney theft as reflected in that state's supreme court disci- plinary proceedings. Following this is a presentation of the results of an empirical study of New Jersey attorneys who misappropri- ated funds or committed other acts of financial impropriety, their offenses and their punishments. The last major topic is the meth- ods currently being used to combat attorney theft in New Jersey and proposals for changing those methods. The author concludes with praise for New Jersey as being in the vanguard nationally in the area of disciplining attorneys for financial improprieties and with the warning that the failure of courts to impose the strictest discipline in such cases will destroy what is left of public confi- dence in the legal profession.

Johnston, An Ethical Analysis of Common Estate Planning Prac- tices-Is Good Business Bad Ethics?, 45 OHIO ST. L.J. 57 (1984).

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The purpose of this article is to increase the sensitivity of practitioners to the fact that widespread practices in estate plan- ning raise serious questions of attorney ethics. The author ad- dresses the ethical issues implicated in various situations including the situations where an attorney is named as a beneficiary in a will he has drafted, where an attorney is designated as executor in a will he has drafted, and where an attorney is named as attorney for the estate in a will he has drafted. He also considers the ethical questions involved where an attorney serves as custodian for the wills he has drafted.

The various situations addressed are analyzed with reference to relevant ethical standards, case law and ethics opinions. The ethical standards contained in the Code of Professional Responsi- bility are compared with those found in the new Model Rules of Professional Conduct. The author also offers his ideas in the form of better approaches and alternative solutions to the ethical problems addressed.

The specific ethical problems identified as most prevalent in estate planning practices are conflict of interest between the attor- ney and his client and improper solicitation of future legal work. The author seems to believe that these problems arise from the fact that attorneys generally charge too little for estate planning services and must compensate by adopting unethical methods to ensure that they will be involved in the more lucrative business of probating wills. He concludes with a call for increased attorney awareness of the problems he has presented as well as the develop- ment of new standards to regulate estate planning practices.

Martin, Incriminating Criminal Evidence: Practical Solutions, 15 PAC. L. J. 807 (1984).

Mr. Martin sets out to provide California attorneys with an analysis of the law as it applies to implicating evidence situations. His analysis includes discussions of the attorney-client privilege, the privilege against self-incrimination and the constitutional guar- antee of effective assistance of counsel. He also discusses the vari- ous crimes to be avoided and the ethical duties which must be at- tended to by an attorney in handling implicating evidence. Finally, based on the preceding analysis of the law, Mr. Martin offers prac- tical suggestions regarding actions that a California criminal de- fense attorney should take or refuse to take in connection with evi- dence that may implicate one of his clients in a crime.

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Martineau, The Attorney as an Officer of the Court: Time to Take the Gown of f the Bar, 35 S.C.L. REV. 541 (1984).

Mr. Martineau offers an analysis of the concept of "officer of the court" and the courts' use. of the concept to regulate the legal profession and impose duties upon attorneys. His article purports to explain how the title developed in England, show how the title has been used in the United States to justify judicial control over lawyers, and examine the specific duties imposed upon attorneys by virtue of the title.

Mr. Martineau cites and seems to agree with the theory that attorneys were originally accorded the status of officers of the court in England as a mere logical extension of their continuing to enjoy the privileges, such as being subject to suit only in their own court, that many of them had been entitled to in previous positions as court clerks and other court officials. He continues to discuss American cases which have relied on the English label without analysis to support judicial control over the bar and criticizes the courts' reliance as both unfounded and unnecessary. He gives ex- amples of duties imposed upon attorneys as officers of the court, such as the duty to represent indigent clients, and explains how these duties actually flow from other sources.

In conclusion, Mr. Martineau asserts that for every use of the concept "officer of the court," there is a better rationale for the power of courts to regulate the legal profession based on the needs of courts and the proper roles of attorneys. He decries the use of the label as a crutch for courts seeking to avoid the necessary anal- ysis of the duties of lawyers as participants in our legal system.

Maute, Allocation of Decisionmaking Authority Under the Model Rules of Professional Conduct, 17 U.C.D. L. REV. 1049 (1984).

This article examines the division of decision-making author- ity between an attorney and her client. The author identifies two theoretical models for decision-making: the paternalist model, under which the attorney assumes moral responsibility for the rep- resentation; and the instrumentalist model, under which the attor- ney will do anything for the client that is not specifically prohib- ited by law. These models provide the basis for the author's analysis of decision-making under the recently adopted Model Rules of Professional Conduct.

As background, the author discusses the distribution of deci- sion-making authority under early American ethics codes. She characterizes the very early ethical standards as paternalistic and

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notes the first evidence of the instrumentalist model in the Model Code of Professional Responsibility adopted in 1969. The new Model Rules approach is lauded as a joint venture model of au- thority which distributes decision-making authority based upon the legitimate needs of the lawyer, the client, and our legal system. The author continues by describing the text of the Model Rules as providing general guidance and requiring genuine dialogue be- tween an attorney and her client as interdependent persons. She describes the joint venture work as a common enterprise in which both the attorney and the client are respected as individuals enti- tled to autonomy, dignity and responsibility. In addition to these individuality interests, economic and societal interests are ana- lyzed with regard to their impact in deciding authority disputes between an attorney and her client.

Having examined the theoretical underpinnings of the joint venture model, the author goes on to an analysis of the factors which actually determine which of the attorney or client have the authority to make a particular decision. She devotes the remainder of her article to presenting the courts' decisions in authority dis- putes. Her conclusion indicates that the advantage of the joint venture model over the paternalist and instrumentalist models is that the joint venture model is versatile enough to accommodate the fact that each lawyer-client relationship is multifaceted, inter- dependent and dynamic.

Nahstoll, The Lawyer's Allegiance: Priorities Regarding Confiden- tiality, 41 WASH. & LEE L. REV. 421 (1984).

Mr. Nahstoll is concerned that the Model Rules of Profes- sional Conduct are an inadequate structure of ethics and profes- sionalism for the governance of lawyers. He gives the example of the matter of OPM Leasing Services in which a corporation was able to continue a phony loan scam with the aid of counsel while the attorneys involved attempted to comply with expert legal opin- ion that withdrawal from representation of the corporation must be accomplished in the way least likely to injure the corporation. Mr. Nahstoll laments that the applicable standards of attorney ethics neither prevented the continued representation nor even permitted the attorneys involved a more honorable course of ac- tion. He suggests that the legal profession may be on the verge of losing its status as a profession for want of a capacity for self- regulation.

Mr. Nahstoll focuses his examination of the inadequacy of the

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Model Rules on the principle of lawyer-client confidentiality. He discusses six rules concerning the principle as they were proposed by the Kutak Commission and explains how these rules were modi- fied and, in his opinion, shorn of much of their effectiveness, by the ABA House of Delegates. He blames the trial bar for encourag- ing too much emphasis on courtroom advocacy and discusses ways in which ethical rules should be varied to accommodate the needs of attorneys acting in diverse functions. He advocates special con- sideration of the attorney's role in negotiation.

Mr. Nahstoll's overriding concern is that attorneys should be able to act both in protection of the court and third parties, and in accordance with the attorney's own ethical and moral standards. To this end, Mr. Nahstoll concludes that the ABA House of Dele- gates should act quickly to amend the model's rules to conform with the proposals of the Kutak Commission.

See, An Alternative to the Contingent Fee, UTAH L. REV. 485 (1984).

Mr. See begins with a discussion of the contingent fee arrange- ment. After acknowledging the traditional justification that such fees encourage the attorney to work harder, he suggests that con- tingent fees can actually discourage an attorney from investing his time in a legal matter. His argument is that once an attorney on a contingent fee has reached a moderate settlement, he will be dis- couraged from attempting to spend additional time to push the settlement up because other uses of his time will yield more money. The client, on the other hand, will encourage the attorney to spend additional time on the matter because the time costs the client nothing and may result in a greater settlement. Thus there is a conflict of interest between attorney and client inherent in the economic incentives of the contingent fee arrangement.

Having established these principles, Mr. See goes on to discuss previously devised alternatives to the contingent fee and why those alternatives are insufficient to balance economic incentives. Follow- ing this discussion, he proposes a "risk enhanced fee" as a way to ensure that an attorney is appropriately compensated for addi- tional services performed on a contingency basis. The risk en- hanced fee is explained as the result of the division of an attor- ney's hourly noncontingent fee by the probability of success and the addition to that amount of a small "risk aversion supplement" to compensate the attorney for accepting a contingent fee. Mr. See concludes with reasons why the "risk enhanced fee" is the fairest

260 The Journal of the Legal Profession

vehicle through which to preserve the advantages of the contingent fee for the client and at the same time reward the attorney for his time and for the risk that he has incurred.

Steele, Unethical Prosecutors and Inadequate Discipline, 38 Sw. L. J. 965 (1984).

Do prosecutors act ethically a t trial? When they don't, are they adequately disciplined? Mr. Steele answers these questions in the negative with an analysis of ethical violations by prosecutors and suggestions for a new approach to sanctioning prosecutors who violate the Code of Professional Responsibility.

At the outset, Mr. Steele examines the positions of some courts that reject the power to suspend or disbar prosecutors as extrajudicial impeachment in violation of the separation of powers doctrine. Following is a categorization of the types of prosecutorial misconduct at trial. Mr. Steele concludes his presentation of the problem of unethical prosecutors by discussing the phenomena that prosecutorial misconduct is most often punished by reversal of a defendant's conviction.

Next, Mr. Steele proceeds to a review of the reasons for our system's failure to deal effectively with ethical violations by prose- cutors. He addresses the problems of who can be relied upon to report trial misconduct and the inadequacy of bar grievance orga- nizations to deal with instances of prosecutorial misconduct. Fi- nally, Mr. Steel offers a proposed statute and commentary for po- licing and sanctioning prosecutors. He concludes with a request for change in the way we control prosecutorial conduct at trial.

Whitman and Stoltenberg, Direct Mail Advertising by Lawyers, 45 U. PITT. L. REV. 381 (1984).

The authors begin by positing a conceptual distinction be- tween the "right to expression" and "the right to know" as impor- tant to an understanding of first amendment protection for lawyer advertising. According to the authors, the source of protection for advertising is the right of individuals to know and, therefore, ad- vertising has been held to deserve a lesser degree of constitutional protection than the almost absolute protection which has been ac- corded to the right to expression.

Nonetheless, the authors go on to identify supreme court pre- cedent which, according to the authors, appears to have validated the use of direct mail advertising by attorneys. State court deci- sions which have condoned direct mail advertising are compared

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with state court decisions which have expressly disallowed such ad- vertising. Guidelines are gleaned from the cases including the prin- ciples that mailings must be accurate and cast in an informative as opposed to a solicitous vein. The practical advantages of direct mail over other forms of advertising are disclosed.

In conclusion, the authors encourage attorneys to investigate the position of local authorities with regard to direct mail advertis- ing and weigh the risk of challenge to a mailing. Direct mail adver- tising is advocated as an effective and economic alternative to mass audience appeals.

PART I1

Symposia

Alternative Dispute Resolution in the Law Curriculum, 34 J. LE- GAL EDUC. 229 (1984).

Articles include: Alternative Dispute Resolution in the Law School Curriculum: Opportunities and Obstacles, Frank E.A. Sander; Legal Education and the Changing Role of Lawyers in Dispute Resolution, Albert M. Sacks; A Comprehensive Approach to the Theory and Practice of Dispute Resolution, Eric D. Green; Mediation in the Law Schools, Leonard L. Riskin; Using Negotia- tion to Teach about Legal Process, Marc Galanter; Anthropology and the Study of Alternative Dispute Resolution, Sally Engle Merry; Some Thoughts on Dispute Resolution and Civil Proce- dure, Martha Minow; Civil Procedure and Alternative Dispute Resolution, Paul D. Carrington; Using Simulation Exercises for Negotiation and Other Dispute Resolution Courses, Gerald R. Williams; A Pedagogy for Negotiation, Robert B. Moberly.

Attorney Fee Shifting, 47 LAW & CONTEM. PROBS. (1984). Topics covered include: Toward a History of the American

Rule on Attorney Fee Recovery, John Leubsdorf; The European Experience with Attorney Fee Shifting, Werner Pfennigstorf; Fee Arrangements and Fee Shifting: Lessons from the Experience in Ontario, Herbert M. Kritzer; Predicting the Effects of Attorney Fee Shifting, Thomas D. Rowe, Jr.; An Economic Analysis of Al- ternative Fee Shifting Systems, Ronald Braeutigam, Bruce Owen, John Panzar; Fee Shifting and the Implementation of Public Pol- icy, Frances Kahn Zemans; Citizen Suit Attorney Fee Shifting Awards: A Critical Examination of Government-"Subsidized" Litigation, Bruce Fein; The Role of Attorney Fee Shifting in Pub-

262 The Journal of the Legal Profession

lic Interest Litigation, Robert V. Percival and Geoffrey P. Miller; Compensation Formulas for Court-Awarded Attorneys Fees, Mar- shall J . Breger; Winning Derivative Suits Through Attorney Fees, A.F. Conrad; The Second Set of Players: Lawyers, Fee Shifting and the Limits of Professional Discipline, Charles W. Wolfram.

Critical Legal Studies, 36 STAN. L. REV. 1 (1984). Articles include: Roll Over Beethoven, Peter Gabel, Duncan

Kennedy; Critical Legal Histories, Robert W. Gordon; Structural- ism and Critique, Thomas C. Heller; Law, Politics, and the Criti- cal Legal Scholars: The Unfolding Drama of American Legal Thought, Allan C. Hutchinson, Patrick J. Monahan; Do You Sin- cerely Want T o Be Radical?, Phillip E. Johnson; Trashing, Mark G. Kelman; T h e Great Image of Authority, Lewis A. Kornhauser; Notes Toward a n Intimate, Opinionated, and Affectionate His- tory of the Conference on Critical Legal Studies, John Henry Schegel; W i t h Gun and Camera Through Darkest CLS-Land, Louis B. Schwartz; The Death of the Up-Down Distinction, David L. Shapiro; Visions of Practice in Legal Thought, William H. Si- mon; Fundamental Human Rights, Legal Entitlements, and the Social Struggle: A Friendly Critique of the Critical Legal Studies Movement, Ed Sparer; Where the Action Is: Critical Legal Stud- ies and Empiricism, David M. Trubek; Critical Legal Studies and Constitutional Law: A n Essay in Deconstruction, Mark Tushnet; The Inevitability of Critical Legal Studies, G. Edward White; Critical Legal Studies: An Afterword, John Henry Schlegel.

Ethics in Academia: Power and Responsibility in Legal Educa- tion, 34 J. LEGAL EDUC. 155 (1984).

Topics covered include: Legal Education and the Good Law- yer, Richard Wasserstrom; The Moral Responsibility of Law Schools, Terrance Sandalow; Against Autarky, David Luban; Moral Implications and Effects of Legal Education, Thomas L. Shaffer; Ethics in Academe-Afton Dekanal, David H. Vernon; Law Schools as Institutional Teachers of Professional Responsibility, Norman Redlich; Of Law and the River, Paul D. Carrington.

Innovative Teaching Methods, 34 J . LEGAL EDUC. 612 (1984). Topics covered are: Clinical Legal Education-A 21st Cen-

tury Perspective, Anthony G. Amsterdam; What Is The Use of a Law Book Without Pictures, Paul R. Baier; Simulation Teaching: A Twenty-Second Semester Report, James M. Brown; The Prob- lem Method in Legal Education, Gregory L. Ogden; Group Learn-

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ing i n Law School, Roark M. Reed; Learning Criminal Law Through the Whole Case Method, Melvyn Zarr.

Law School Admissions in the 21st Century, 34 J. LEGAL EDUC. 343 (1984).

Articles included are: Law School Admissions in the 21st Cen- tury, 1984-2001: Selecting Lawyers for the 21st Century, Waltern B. Raushenbush; Justice Through Law-Historical Dimensions of the American Law School, Calvin Woodard; LSACILSAS: A Brief History, Thomas 0. White; Toward a Sociology of Law School Ad- missions, Howard S. Erlanger; The Effects of Social Origin in the Allocation of Law Students, Ronald M. Pipkin; The Law School Admission Test Battery: A Different Selection Concept for the 1980s and Beyond, George L. Dawson; The L S A T for the 21st Century, shirley-s. Abrahamson; The LSAT-Reflections on a n Experience, Robert Coles; Is I t Really Better to Be Smart than Passionate, Craig W . Christensen; An Assessment of Affirmative Action in Law School Admissions After Fifteen Years, Leo M. Ro- mero; Survival After the Boom: Managing Legal Education for Solvency and Productivity, Bruce I. Zimmer; Financing Legal Ed- ucation After the Boom-A Different Perspective, A. Kenneth Pye and John R. Kramer.

Symposium: Traditional Legal Education, 35 MERCER L. REV. 753 (1984).

Essays include: Some Observations on the Present State of Law Teaching and the Student Response, John W. Wade; Com- ments: A Response to Professor Wade, William Burnett Harvey; Legal Education: Some Compliments and Some Complaints, Rob- ert B. McKay; Statutory Law i n Legal Education: Still Second Class After A11 These Years, Robert F. Williams; Some Thoughts on Legislation in Legal Education, Quintin Johnstone; Statutory Law in Legal Education: A Response to Professor Williams, Max- ine T. McConnell; Some Thoughts on the 'New' Law School Con- stituency: The Public Interest Lawyer, Robert Belton; The So- cratic Method in Legal Education: Moral Discourse and Accommodation, John 0. Cole.

PART I11

Article Listing

Ackerman, Law Schools and Professional Responsibility: A Task

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for All Seasons, 88 DICK. L. REV. 202 (1984). Brazil, Settling Civil Cases: Where Attorneys Disagree About Ju-

dicial Rules, 23 JUDGES' J . 20 (Summer 1984). Calkins, Professional Propriety Precludes Former Judge From

Some Forms of Representation, 40 J . Mo. B. 125 (1984). Casenote, Caldwell v. District Court: Colorado Looks at the Crime

and Fraud Exception to the Attorney-Client Privilege, 55 UNIV. COLO. L. REV. 319 (1984).

Casenote, Hishon v. King & Spaulding: Should Partnerships be Excluded From the Constraints of Title VII?, 1984 DET. C. L. REV. 189 (1984).

1983 California Courts of Appeal Survey: Attorney Ethics, 6 WHITTIER L. REV. 467 (1984).

Casenote, Lipton v. Boesky: The Code of Professional Liability as an Independent Basis for Legal Malpractice Liability, 1984 DET. C.L. REV. 135 (1984).

Chao, Donating Legal Services, 4 CALIF. LAW 49 (October 1984). Cochran, Section 1988 Attorney Fee Awards i n the Fifth Circuit,

15 T E X . TECH L. REV. 1 (1984). Comment, Attorney Discipline and the California Supreme Court:

Transfer of Direct Review to the Courts of Appeal, 72 CALIF. L. REV. 252 (1984).

Comment, Attorney Fee Disgorgement as a Disciplinary Action, 7 U. PUGET SOUND L. REV. 547 (1984).

Comment, Brandschain u. Commission: Law Partner's Retirement Pay Subject to Self-Employment Tax, 37 TAX LAW, 747 (1984).

Comment, California State Bar Complainants' Privilege Against Suit for Malicious Prosecution, 12 SAN FERN. U. L. REV. 77 (1984).

Comment, Courts are no Place for Fun and Frivolity: A Warning to Vexatious Litigants and Over-Zealous Attorneys, 20 W I L - LIAMETTE L. REV. 391 (1984).

Comment, Ethical Considerations for the Justice Department When it Switches Sides During Litigation, 7 U. PUGET SOUND L. REV. 405 (1984).

Comment, General Practitioners Beware: The Duty to Refer an Estate Planning Client to a Specialist, 14 CUM. L. REV. 103 (1983-1984).

Comment, Subsequent Representation and the Model Rules of Professional Conduct: An Evaluation of Rules 1.9 and 1.10, ARIZ. ST. L. J. 161 (1984).

Law Review Articles 265

Comment, Women Lawyers and Legal Partnerships: Will Title V I I Open the Door? Hishon u. King & Spalding, 19 NEW ENG. L. REV. 647 (1984).

Davis, Legal Ethics and Professional Discipline: The American Experience, 134 NEW L.J. 391 (1984).

District o f Columbia Survey, I n Re Goldberg: Standards For Im- posing Concurrent Reciprocal Bar Discipline, 33 CATH. U.L. REV. 1165 (1984).

Feldman and Kerr, Post-Trial Juror Interviews, 20 CRIM. L. BULL. 449 (1984).

Freedman, Corporate Attorney-Client Privilege Since UpJohn, at Home and Abroad, 9 U . DAYTON L. REV. 425 (1984).

Green, From Here to Attorney's Fees: Certainty, Efficiency, and Fairness in the Journey to the Appellate Courts, 69 CORNELL L. REV. 207 (1984).

Gruggenheim, The Right to be Represented but not Heard: Reflec- tions on Legal Representation for Children, 59 N.Y.U.L. REV. 76 (1984).

Hagglund and Birnbaum, Legal Specialization: the Need for Uni- formity, 67 JUDICATURE 436 (1984).

Hendrickson, Ethical Concerns in Multi-Jurisdictional Estate Planning, 123 TR. & EST. 31 (November 1984).

Landsman, Reforming Adversary Procedure: i f Proposal Concern- ing the Psychology of Memory and the Testimony of Disinter- ested Witnesses, 45 U. PITT. L. REV. 547 (1984).

Lee, Lawyer Referral Services: A Regulatory Wasteland, 37 Sw. L.J. 1099 (1984).

McCann, T h e Attorney's Lien in Massachusetts, 69 MASS. L. REV. 68 (1984).

Miller, T h e Morals and Manners o f Advocates, 56 N.Y. ST. B.J. 16 (July 1984).

Note, Determining the Reasonableness of Attorneys' Fees-The Discoverability of Billing Records, 64 B.L. REV. 241 (1984).

Note, Estate of Younger: Violation of a n Ethical Consideration Equals a Legal Presumption, 45 U.P.H.L. REV. 719 (1984).

Note, Ethics-A Proposal for Judicial Condemnation of Attorney- Client Life Story Fee Agreements-Maxwell u. Superior Court, 6 W . NEW ENG. L. REV. 851 (1984).

Note, Inryco, Inc. v. Metropolitan Engineering Co.: Inexcusable Neglect by Whom?, 45 U . PITT. L. REV. 695 (1984).

Note, Legal Malpractice: A Tort or Contract Prescriptive Period?

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Cherokee Restaurant v. Pierson, 44 LA. L. REV. 1493 (1984). Note, Professional Legal Corporations: Limited or Unlimited Lia-

bility For Shareholders i n Missouri After First Bank & Trust Co. v. Zagoria, 28 ST. LOUIS U.L.J. 297 (1984).

Note, The Attorney's Duty to Reveal a Client's Intended Future Criminal Conduct, DUKE L.J. 582 (June 1984).

Peek, A New Tort Liability For Lack of Informed Consent i n Le- gal Matters, 44 LA. REV. 1289 (1984).

Pennsylvania Supreme Court Review, 1983, Lawyer Liable to Leg- atee for Negligent Drafting of Will Under Third Party Benefi- ciary Theory, 57 TEMP. Q.L. 465 (1984).

Recent Decision, Attorney Advertising-First Amend- ment-Pennsylvania Code o f Professional Conduct-Model Rules o f Professional Conduct-Spencer v. The Honorable Jus- tices of the Supreme Court of Pennsylvania, 23 DUG. L. REV. 305 (1984).

Stein and Fierstein, The Role of the Attorney i n Estate Adminis- tration, 68 MINN. L. REV. 1107 (1984).

Student Note, In re Johnson: A Lawyer's Right to Advertise Spe- cialized Expertise, 29 S.D.L. REV. 526 (1984).

Swan, Ethical Obligation to Disclose Attorney Negligence, 13 COLO. LAW. 232 (1984).

Thurman, Incest and Ethics: Confidentiality's Severest Test, 61 DEN. L. J. 619 (1984).

Tongue, Oregon "Conflict of Interest" Cases Under the 1970 Code of Professional Responsibility, 20 WILLIAMETTE L. REV. 391 (1984).

Wick, Lawyer-Client Confidentiality: Have W e Clamped Down the Lid Too Tight?, 27 RES. GESTAE 540 (1984).

Evelyn H. Coats