Collaborative Divorce: What Louis Brandeis Might Say About the Promise and Problems?
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If you ask legal ethics scholars what they remember about Louis D. Brandeis's judicial confirmation hearings, most would point to the manner in which he responded to questions about his representation of persons with perceived conflicts of interest. Louis Brandeis responded to challenges by stating that he was "counsel for the situation. Some use this comment when examining problems associated with a single lawyer representing multiple clients in the same transaction. Others believe that Brandeis may have been referring to a type of intermediary role in which lawyers attempt to adjust the rights and interests of multiple clients with potentially conflicting interests. Still, others, including Professor Geoffrey C. Hazard, Jr., believe that Brandeis properly recognized that service to clients may include consideration of the interests of others. In this sense, Louis Brandeis's comments captured the perspective of those who endorse a collaborative approach to lawyering.
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