Adam Liptak, the Times fine legal affairs correspondent, asks `why do we saddle clients with their lawyers mistakes?’ Because the lawyer is the client’s agent, is the short and unsatisfactory answer. Liptak explores the problem in the shocking case of Ronald Smith (below) and in a fuller discussion of the issues in a recent issue of the Michigan Law Review – Agency and Equity: Why Do We Blame Clients for Their Lawyers’ Mistakes? -Liptak proposes an abandonment exception to the general rule that a principal bears the consequences of the agent’s default. – gwc
When Death Row Lawyers Stumble, Clients Take the Fall – NYTimes.com