Introduction: During
our first seminar session, August 26, 1999, we:
discussed the aspects, or sub-headings, one would want to
cover in researching and writing about a given method of delivering legal
services and compensating lawyers
itemized the methods of funding we could come up with based
on our past experience, study and recall
let each individual indicate her or his preferred choice
as to topic
reviewed the basic options available for research techniques
and went over the assignment/expectations for the next week
It is the purpose of this Web page to summarize that discussion
and indicate the preliminary assignments.
The relevant law school standards for academic and writing
credits are not repeated here, but are contained in the current University
of Iowa College of Law, Student Handbook 1999-2000.
Aspects
of Delivery/Funding Mechanisms
(With sample, not definitive, annotations and questions)
Description of Method of Delivery/Funding
What are you talking about? How does it work? How does
it differ from what came before, or some of the other more common methods?
Origins of the Method
Is it possible to pinpoint the who, what, when and why
of the first instance of this method of delivery/funding? Was it designed
to serve a particular need, or in response to a particular case or problem?
Was it originated within the Bar, by lawyers/judges, or the result of pressure
from outside the profession? What were the arguments made in favor of the
innovation? In opposition?
Public Policy and Social Consequences
What has been the impact of this delivery/funding mechanism
on the broader society? Has it been empowering and otherwise of benefit
to the poor and underclass, or has it contributed to an even greater gap
between the rich and poor? Has it resulted in altering corporate or individuals'
behavior? What has been its effect on institutions other than the law?
Legal Ethics
What are the implications of this method for professional
ethics? Where does it intersect or impact? Did it come about because of
an ethical requirement? Did it originally violate an ethical standard and
require a change in legal ethics?
Economics of the Method
What is the total amount of revenue generated by and
for lawyers with this method? What proportion of the profession's total
income does that represent? What proportion of all lawyers utilize this
method? Is there any way to measure the economic consequences for the broader
society/total economy?
Allocation of Topics
Note: (1) As it turned out, almost everyone got
his or her first or second choice or both. (2) Duplicate requests were
resolved with the arbitrary, but easily administered, standard of alphabetical
order of last name. (Sorry Jay!) (3) Those who have been allocated two
topics requested two; those with one did not indicate they wanted more
than one. (4) Because we came up with a list of 23, and you have chosen
12, there are still 11 left, listed below this table, for anyone who would
like to add another (or swap).
Chinn, Derek
contingent fee
class action
Drish, Joe
fixed fee
in-house corporate counsel
Harris, Amy
public defenders
Henrichsen, P.A.
class action
Holmes, Jeremy
hourly billing
Hull, Thomas
retainer
pre-paid group
Kriegel, Matt
damages plus attorney's fees
Streitz, Jay
specialized legal services
Bar/Court-created funds
Additional
Funding Mechanisms Discussed but not Chosen
law firm funded pro bono representation
inclusion with liability insurance
Legal Services Corporation
in-house non-profit corporation
public prosecutors
government agency lawyers
Nader's PIRGs and CUBs
foundation/philanthropist grants (public interest law firm)
membership dues (public interest law firm; non-profit corporation)
private attorneys general
consumer advocates in government agencies
Basic Research Sources/Techniques
Note: We didn't come up with anything unique or
profound regarding research, but the following obvious suggestions we did
mention may be worth a quick review.
ask a reference librarian
look in an encyclopedia
use an Internet search engine
look for conventional books on the subject
check professional responsibility texts and casebooks
use online legal search services (e.g., Lexis, Westlaw)
see if there are law review articles
don't overlook bar journals for this kind of material
court opinions may offer discussion even if not holdings
check the canons of ethics and court rules
Assignment and Expectations
Because we want to get off to a rousing start, and because
I am going to be unavoidably out of the city during the first couple weeks
of September, we agreed we need to get this seminar jump started over the
weekend (August 26-30, 1999).
So do as much by way of survey, reading general source
materials, compiling a beginning bibliography of what look like good sources,
and at least a sketchy outline of what you intend to present as you can
between now and the beginning of next week. These are steps you're going
to have to go through anyway. We're just accelerating when you do them.
Our goal is to have you on track, to save you time and
energy that might otherwise be squandered while working on your own September
9-19. So it is in your best interest to get as much done, and be as clear
in your mind as possible as to where you're going during that time when
I will not be available to you.
You may want to make a specific appointment even though
I don't care whether you do or not. You're free to wander into the office
any time the door is open. But I may be out when you come by, or seeing
someone else. And, obviously, the earlier you can get in the better. If
you wait until Wednesday I may not have time. See Sharlee Feller for remaining
available times, half-hours, on the hour and half-hour, between 8:30 and
11:30, Monday through Wednesday.