Those who have addressed ethics issues for plaintiffs’ lawyers in mass tort litigation have focused on possible reform of the aggregate settlement rule to facilitate global settlements. This Article addresses a broader range of ethical issues, including (1) application of the general conflicts of interest rule to both client-client and client-lawyer conflicts; (2) unresolved issues concerning the interpretation of the current aggregate settlement rule, including the need to disclose client names and the applicability of the rule to court-approved settlements and formula or matrix allocations; and (3) the ability of lawyers to voluntarily withdraw from representing plaintiffs who reject an offer of settlement.
Nancy J. Moore,
Ethical Issues in Mass Tort Plaintiffs’ Representation: Beyond the Aggregate Settlement Rule,
81 Fordham L. Rev. 3233
Available at: https://ir.lawnet.fordham.edu/flr/vol81/iss6/7