Abstract
Clients ultimately decide whether to accept a pretrial settlement proposal or proceed to trial, and a judge, jury or arbitrator determines the outcome if the client forgoes a negotiated resolution. For both settled and adjudicated cases, a client’s decision or a third party’s judgment seem to eclipse the attorney’s role. This inability to squarely affix responsibility on attorneys facilitates a philosophical resignation to unsatisfactory settlements and unfavorable verdicts and a tendency for attorneys to distance themselves from the actual consequences of improvident settlements and trials. An appropriate level of attorney responsibility and accountability rests on the aspirations, principles and commitments to legal professionalism discussed in this chapter.
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- 1.
See Chapters 9, 10, and 11.
- 2.
Drucker, Peter. (1985). Innovation and entrepreneurship (pp. 243–252). New York: HarperBusiness.
- 3.
See “Ideals and Goals of Professionalism,” adopted by the Board of Governors of The Florida Bar on May 16, 1990, and “The Lawyer’s Creed and Aspirational Statement on Professionalism,” adopted by the Commission on Professionalism in 1990 and incorporated into the Rules and Regulations for the Organization and Government of the State Bar of Georgia. See also Section 2, “Responsibilities to the Client,” and Section 13, “Settlement and Alternative Dispute Resolution,” of the Santa Clara County Bar Association “Code of Professionalism,” revised October 25, 2007.
- 4.
Medical Professionalism Project. (2002, February 5). Medical professionalism in the new millennium: A physician charter. Annals of Internal Medicine, 136(3), 243–246. The Medical Professionalism Project is a joint project of the American College of Physicians-American Society of Internal Medicine, American Board of Internal Medicine, and European Federation of Internal Medicine.
- 5.
Id. See Smith, Richard. Medical professionalism: Out with the old and in with the new. JRSM [Journal of the Royal Society of Medicine], 99(2), 48–50.
- 6.
Medical Professionalism Project supra note 4.
- 7.
Audet, Anne-Marie, et al. (2005). Measure, learn and improve: Physicians’ involvement in quality improvement. Health Affairs, 24(3), 852.
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Kiser, R. (2010). Conclusion. In: Beyond Right and Wrong. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-03814-3_12
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