Professional Liability

When potential litigants first approach a lawyer they are generally interested in finding out one thing only: are they likely to be able to win damages or any other kind of remedy and what kind of quantum of damages are they likely to receive? It becomes the lawyers main task to try to argue for a remedy and to persuade the court that the plaintiff has a good cause of action. Textbooks about contract and tort frequently treat damages and other remedies as an after thought when in fact it is the issue of remedies which is a constant and an ever present consideration for the plaintiff and his or her lawyer. This new book, containing contributions from many of the UKs leading specialists brings to the fore a range of issues which are of topical interest to litigators and to teachers of law. In some instances the issues are currently the subject of reform proposals and these essays usefully highlight the principle issues facing the reformers and the objections which have been raised by those opposed to reform. In addition four of the essays tackle a strand of tort law which is of rapidly growing importance - the area of professional negligence. The contributors are among the best known writers in this field and their essays combine practical and academic perspectives which usefully highlight contemporary trends in professional negligence litigation. The first chapter in the book also offers a unique and controversial overview of tort law in the UK by Professor Patrick Atiyah who argues for a complete rethink of the system of personal injuries litigation in the UK, starting with its abolition and replacement by a vastly expanded system of private insurance.

Two thousand years ago, Seneca described advocates not as seekers of truth but as accessories to injustice, "smothered by their prosperity." This unflattering assessment has only worsened over time. The vast majority of Americans now perceive lawyers as arrogant, unaffordable hired guns whose ethical practices rank just slightly above those of used car salesmen. In this penetrating new book, Deborah L. Rhode goes beyond the commonplace attacks on lawyers to provide the first systematic study of the structural problems confronting the legal profession. A past president of the Association of American Law Schools and senior counsel for the House Judiciary Committee during Clinton's impeachment proceedings, Rhode brings an insider's knowledge to the labyrinthine complexities of how the law works, or fails to work, for most Americans and often for lawyers themselves. She sheds much light on problems with the adversary system, the commercialization of practice, bar disciplinary processes, race and gender bias, and legal education. She argues convincingly that the bar's current self-regulation must be replaced by oversight structures that would put the public's interests above those of the profession. She insists that legal education become more flexible, by offering less expensive degree programs that would prepare paralegals to provide much needed low cost assistance. Most important, she calls for a return to ethical standards that put public service above economic self-interest. Elegantly written and touching on such high profile cases as the O.J. Simpson trial and the Starr investigation, In the Interests of Justice uncovers fundamental flaws in our legal system and proposes sweeping reforms.

In the mid 1980s, there was a crisis in the availability, affordability, and adequacy of liability insurance in the United States and Canada. Mass tort claims such as the asbestos, DES, and Agent Orange litigation generated widespread public attention, and the tort system came to assume a heightened prominence in American life. While some scholars debate whether or not any such crisis still exists, there has been an increasing political, judicial and academic questioning of the goals and future of the tort system. Exploring the Domain of Tort Law reviews the evidence on the efficacy of the tort system and its alternatives. By looking at empirical evidence in five major categories of accidents--automobile, medical malpractice, product-related accidents, environmental injuries, and workplace injuries--the authors evaluate the degree to which the tort system conforms to three normative goals: deterrence, corrective justice, and distributive justice. In each case, the authors review the deterrence and compensatory properties of the tort system, and then review parallel bodies of evidence on regulatory, penal, and compensatory alternatives. Most of the academic literature on the tort system has traditionally been doctrinal or, in recent years, highly theoretical. Very little of this literature provides an in-depth consideration of how the system works, and whether or not there are any feasible alternatives. Exploring the Domain of Tort Law contributes valuable new evidence to the tort law reform debate. It will be of interest to academic lawyers and economists, policy analysts, policy professionals in government and research organizations, and all those affected by tort law reform.

In conjunction with changing economic circumstances surrounding health care in the United States since 1945, malpractice insurance has contributed to changing patterns of control in medicine. Today, inflationary pressures associated with medical malpractice are clashing with endeavors to contain costs in health care. Hay provides a thorough investigation of the development of medical liability insurance in the United States--and its implications for tort law reform and health care provision. The book transcends traditional disciplinary boundaries to provide a straightforward account of circumstances giving rise to particular forms of legal, medical, and social regulation in the United States.

This rich collection opens with an overview concerning the professional reporting of child abuse and neglect. Subsequent chapters discuss issues in the failure to report child abuse, the regulation of professional misconduct, the role of professional organizations in protecting the child, sexual abuse in child care, lawsuits and disciplinary proceedings, and strategies for organizations in the protection of children. The editors conclude with an insightful summary and analysis of regulatory agencies. "A brave, harsh, well-researched, well-reasoned, and well-written book. . . . If you happen to have only 15 minutes that you can allot to reading this book, go directly to the last two chapters by Susan Wells. Unless you have the sensitivity of a cucumber or the vertebrae of the jellyfish, your medical practice will never be the same again." American Journal of Psychiatry

This is a book about the way in which the law of tort protects financial assets such as money, property and contracts. It is not a conventional textbook, either in content or arrangement, and the analysis goes well beyond standard undergraduate texts. Many of the issues receive very little attention in the standard texts. This is a thoroughly revised and rewritten new edition which builds on the critical acclaim achieved by the first edition.

The impact of political lobbyists remains highly controversial. No-one has explored when they matter. This book tells readers when lobbyists count and analyzes the relationship between lobbying, policy outcomes and the impact of external factors to reveal the professional lobbyist's limited effect on policy. On most policy issues lobbyists simply do not matter. But, on rare occasions lobbyists can make a difference and this book explains when they matter and why.