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Lawyer Liability and Incorporation of the Law Firm: A Compromise Model Providing Lawyer-Owners with Limited Liability and Imposing Broad Vicarious Liability on Some Lawyer-Employees

Abstract

Professor Kalish pictures the law firm as a collection of sole practitioners in which each lawyer-member is both an owner of a business organization and a professional rendering services to the public. He proposes a conceptual framework with which to discuss and analyze this duality of roles with respect to lawyer professional liability. Professor Kalish focuses separately on the liability of the lawyer as owner and the liability of the lawyer as employee. Finally, he offers a model for understanding and resolving a variety of issues related to the question of whether lawyers as owners may limit, by incorporation, liability for their own and their colleagues' professional negligence.

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29 Ariz. L. Rev. 563 (1987)

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