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"Ethical Issues in Asbestos Litigation"

Cardozo Law Professor Lester Brickman writes in the Hofstra Law Review about what he calls "clear and systematic violations" of ethics rules in asbestos cases by both plaintiffs' and defense attorneys—violations that are largely unredressed. See 33 Hofstra L. Rev. 833 (2005). I suspect Brickman overstates the ethical concerns against defense attorneys; because of transactions costs, it will often be economically efficient for a rational defendant to waive the sorts of conflicts of interest he describes relating to joint representation. The discussion of the behavior of the plaintiffs' bar builds off of his earlier must-read article on the subject ("On the Theory Class's Theories of Asbestos Litigation: The Disconnect Between Scholarship and Reality", 31 Pepperdine L. Rev. 33 (2004) (SSRN)).



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.