Insincerity Seemingly Is Rewarded in the Adversarial System

PAD 525 WEEK 10 DISCUSSION

DISCUSSION 1

“Litigation and Resolution.” Please respond to the following:
•    Read the case summary of Alyeska Pipeline Services Co. v. Wilderness Society. Discuss the court’s analysis that the legislature, not the courts, need to address responsibility for lawyers’ fees? Discuss why there is resistance to liberalizing lawyers’ fees awards? Explain if there is another approach, such as proportionate responsibility or capping fees?
•    Evaluate Dondi Properties Corp. v. Commercial Savings & Loan Ass’n. Compare and contrast the benefits, in the long run, of following the judges’ rules. From a personal perspective, will you be able to resist the temptation to engage in such tactics when you are involved in litigation? Even when the other side has engaged in them?

DISCUSSION 2

“Lawyer Up.” Please respond to the following:
•    The attorney-client privilege is an important part of the client-lawyer relationship. Discuss the extent that the public records or open meeting laws should override the privilege.
•    In the text, the section of “Insincerity Seemingly Is Rewarded in the Adversarial System” gives a precursor to the trial?) system. Discuss whether the need for lawyers to act zealously to win cases explains why lawyers act in sometimes “immoral” ways.

NOTE: THREE DIFFERENT ANSWERS POSTED AS A BONUS CHOOSE ANY