(University of Oregon School of Law, 2019-02-14) Steinberg, Marc I.; Weissler, Logan J.
Public disdain for lawyers is a time-honored tradition. Whether a consequence of not understanding the role of legal counsel, high legal fees, unscrupulous practices, or the perception that lawyers are “hired guns,” the less-than-stellar reputation of lawyers overshadows the important function they play in maintaining the rule of law in democratic societies. Enhancing public faith in the legal profession must successfully address personal attorney conduct. This Article focuses on the overzealous embracement by courts of a doctrine that provides broad protection to shield attorney misconduct—the Litigation Privilege (or the “Privilege”).
