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Local Associated counsel in the Federal District Courts - A Call for Change

NCJ Number
96540
Journal
Cornell Law Review Volume: 67 Issue: 2 Dated: (January 1982) Pages: 345-377
Author(s)
R L Misner
Date Published
1982
Length
33 pages
Annotation
Local association rules mainly protect local attorneys from competition and provide local attorneys with an association fee when competition is allowed. This article maintains that the often-parroted justifications for the local association rules are illusory and that the rules do not provide sufficient benefit to Federal district courts or clients to justify the present broad scope of the rules.
Abstract
The article examines the association rules, their justifications, and the responsibilities they place on local counsel. It focuses on lawyer malpractice and proposes that the solution to problems engendered by the local association rules is to eliminate the rules entirely. This uniform statute would allow Federal courts to require the association of local counsel only in exceptional circumstances. The proposed limitation on association of local counsel would encourage interdistrict legal practices and might serve as a limited experiment to help resolve the current controversy about the desirability of national standards for admission to the Federal bar. The proposed change should come from Congress in the form of an amendment to 28 U.S.C. 1654. A total of 227 notes are provided.

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