Methods for limiting attorneys’ professional liability to the client

Comparative perspective

    Research output: Contribution to journalArticle

    Abstract

    At all times activity of the lawyers has been considered as an honourable profession. Accordingly, legislation, jurisprudence and legal doctrine of various countries have an inclination to impose higher standards, more strict requirements and restrictions with regard to attorneys’ activities. Nevertheless, lately the approach to the lawyers’ profession has a tendency to get more liberal, that allows attorneys to consider options to limit their professional liability towards their clients. The purpose of this study, therefore, is to analyse possible techniques to limit attorneys‘(as one of the professionals‘) liability in comparative perspective and to assess effectiveness of abovementioned methods of liability limitation. The research provided in this article has shown that there are two techniques that can be used in order to limit attorneys’ liability: contractual terms limiting party’s liability toward other party to the contract and appropriate forms of attorney’s legal practice, for example, by use of a limited company, limited partnership or limited liability partnership. The authors also make a conclusion that the single advantage of professional law partnership in Lithuania is the fact that the claims of the creditors are directed to a lawyer in case of insufficiency of property of professional law partnership.
    Original languageEnglish
    Pages (from-to)1787-1797
    JournalInternational journal of development and sustainability
    Volume2
    Issue number3
    Publication statusPublished - 2013

    Fingerprint

    liability
    lawyer
    limited partnership
    profession
    legal usage
    creditor
    Law
    Lithuania
    jurisprudence
    doctrine
    legislation

    Keywords

    • Attorney
    • Form of lawyers’ practice
    • Professional liability
    • Limitation clause

    Cite this

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    title = "Methods for limiting attorneys’ professional liability to the client: Comparative perspective",
    abstract = "At all times activity of the lawyers has been considered as an honourable profession. Accordingly, legislation, jurisprudence and legal doctrine of various countries have an inclination to impose higher standards, more strict requirements and restrictions with regard to attorneys’ activities. Nevertheless, lately the approach to the lawyers’ profession has a tendency to get more liberal, that allows attorneys to consider options to limit their professional liability towards their clients. The purpose of this study, therefore, is to analyse possible techniques to limit attorneys‘(as one of the professionals‘) liability in comparative perspective and to assess effectiveness of abovementioned methods of liability limitation. The research provided in this article has shown that there are two techniques that can be used in order to limit attorneys’ liability: contractual terms limiting party’s liability toward other party to the contract and appropriate forms of attorney’s legal practice, for example, by use of a limited company, limited partnership or limited liability partnership. The authors also make a conclusion that the single advantage of professional law partnership in Lithuania is the fact that the claims of the creditors are directed to a lawyer in case of insufficiency of property of professional law partnership.",
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    AU - Petroseviciene, Olga

    AU - Lazauskaite, Ruta

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    N2 - At all times activity of the lawyers has been considered as an honourable profession. Accordingly, legislation, jurisprudence and legal doctrine of various countries have an inclination to impose higher standards, more strict requirements and restrictions with regard to attorneys’ activities. Nevertheless, lately the approach to the lawyers’ profession has a tendency to get more liberal, that allows attorneys to consider options to limit their professional liability towards their clients. The purpose of this study, therefore, is to analyse possible techniques to limit attorneys‘(as one of the professionals‘) liability in comparative perspective and to assess effectiveness of abovementioned methods of liability limitation. The research provided in this article has shown that there are two techniques that can be used in order to limit attorneys’ liability: contractual terms limiting party’s liability toward other party to the contract and appropriate forms of attorney’s legal practice, for example, by use of a limited company, limited partnership or limited liability partnership. The authors also make a conclusion that the single advantage of professional law partnership in Lithuania is the fact that the claims of the creditors are directed to a lawyer in case of insufficiency of property of professional law partnership.

    AB - At all times activity of the lawyers has been considered as an honourable profession. Accordingly, legislation, jurisprudence and legal doctrine of various countries have an inclination to impose higher standards, more strict requirements and restrictions with regard to attorneys’ activities. Nevertheless, lately the approach to the lawyers’ profession has a tendency to get more liberal, that allows attorneys to consider options to limit their professional liability towards their clients. The purpose of this study, therefore, is to analyse possible techniques to limit attorneys‘(as one of the professionals‘) liability in comparative perspective and to assess effectiveness of abovementioned methods of liability limitation. The research provided in this article has shown that there are two techniques that can be used in order to limit attorneys’ liability: contractual terms limiting party’s liability toward other party to the contract and appropriate forms of attorney’s legal practice, for example, by use of a limited company, limited partnership or limited liability partnership. The authors also make a conclusion that the single advantage of professional law partnership in Lithuania is the fact that the claims of the creditors are directed to a lawyer in case of insufficiency of property of professional law partnership.

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    KW - Form of lawyers’ practice

    KW - Professional liability

    KW - Limitation clause

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