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LAW 746A - Professional Negligence (Prof. Partlett, Fall 2016)   Tags: malpractice, model rules of professional conduct, negligence, torts  

Last Updated: Aug 22, 2016 URL: http://guide.library.law.emory.edu/Seminars_Fall2016/LAW746A/Professional_Negligence Print Guide RSS Updates
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Introduction

With the writing component of your seminar in mind, we have compiled a listing of useful resources for the topic of Professional Negligence. If you have any questions, please request a student consult with a librarian using the form linked on the left hand side of this guide.

 

Newsletter Publications

Legal newsletters have reports on new litigation, trial court orders, and administrative caselaw. They include cases on negligence of attorneys and financial and healthcare professionals, less often for design professionals. They are also a good source to browse for potential paper topics.

  • Bloomberg BNA databases: ABA/BNA Lawyer’s Manual on Professional Conduct, Securities Regulation & Law Report, Broker/Dealer Compliance Report, and several newsletters in the  Health Law Resource Center. Or use Search My BNA to search multiple publications. Use the topic lists to find headings including “auditor liability” and “medical malpractice.” BNA publications are also available on Bloomberg Law
  • Law 360 on Lexis: Search in Legal News and Expert Analysis. Or browse law360.com by practice area or industry. (You'll need to then find full-text of the article on Lexis, using the article title and date.)
 

Books & Treatises

Treatises on professional negligence, or with relevant chapters, include:

  • Bruner & O’Connor on Construction Law (Westlaw) and Stein, Construction Law (Lexis)
  • American Law of Medical Malpractice (Westlaw), Treatise on Healthcare Law (Lexis), and Louisell & Williams Medical Malprctice (Lexis)
  • Mallen & Rhodes Legal Malpractice (Westlaw), Legal Ethics: the Lawyer’s Deskbook on Professional Responsibility (Westlaw), Georgia Legal Malpractice Law (KFG76.5 .A2 E845 2011 and Lexis)
  • Loss & Seligman Securities Regulation (KF1070 .L62 2014 and on CCH Intelliconnect), Bromberg & Lowenfels on Securities Fraud (Westlaw), and Broker-Dealer Law and Regulation (Poser & Fanto) on CCH Intelliconnect
  • Lexis  treatises on business torts include Business Torts, edited by Joseph Zamore.
  • Business Torts: A Practical Guide to Litigation (ABA): KF1250 .B845 2014.
  • Damages in Tort Actions (Lexis), Modern Tort Law (Westlaw)
  • PLI treatises on Bloomberg Law include Evidence in Negligence Cases; Medical Malpractice: Discovery and Trial; Conducting Due Diligence in a Securities Offering; Broker-Dealer Regulation; Accountants' Liability, and Soderquist on the Securities Laws.

Search in discoverE. Relevant titles may be specific to negligence or malpractice, or may be chapters in treatises on the subject area (securities, construction law), or more generally within treatises on damages or torts. If you're browsing the 4th floor shelves, Negligence is at KF 1280-1290, and Legal Profession and Professional Responsibility is at KF 297-397.

 

Case Law

Westlaw: Use the Practice Areas for Construction Law, Securities Enforcement, or Health Law.

Use the West Key Number System: Negligence is Topic 272; Trades, Special Skills and Professions are k321-k323. Other relevant topics: Accountants 11A, Attorney and Client 46, Brokers 65, Health 198H.

Use ALR on Westlaw or Lexis to find articles compiling professional negligence and malpractice cases.

Lexis: Under Topics>Torts, search cases on Malpractice & Professional Liability. Business Torts is also a browse topic under torts.

Bloomberg Law: Search Court Opinions using Topics including Medical Malpractice and Professional Responsibility.

 

Verdict Reporters & Litigation News

News on verdicts and settlements can be found in the (Fulton County) Daily Report and other ALM publications available on the Daily Report, National Law Journal, and Corporate Counsel websites, and on  Lexis, including ALM verdicts by state.

Lexis also has other publications and databases with jury verdicts and settlements. 

Westlaw has a section of Jury Verdicts & Settlements by circuit, state, and topic, including Construction Law, Finance & Banking, Health Law, and Securities.

Westlaw also has a Medical Litigator section that includes medical reference books, medical board decisions and licenses, and Stein on Personal Injury Damages. 

The Business Torts Reporter, a newsletter of new cases in areas of business torts, is available on Ebsco Business Source Complete and on Westlaw.

 

 

Dockets

Find dockets for pending cases (mostly federal) on Bloomberg Law. You can find federal dockets and court documents mentioned in news or newsletter articles, or search dockets by party name or keyword (including cause of action). For Federal District Courts, you can search by nature of suit.

 

Practice Sets & Databases

Search in Causes of Action, AmJur Trials, and AmJur Proof of Facts on Westlaw to find articles with litigation checklists and practice suggestions, including case citations.

Search Practical Law (on Westlaw or the separate PLC database in Electronic Resources) for articles and sample documents on practice areas, including litigation and finance.

 

State Legislation & Tort Reform

Westlaw 50 State Statutory Surveys: Medical Malpractice, Tort Reform.

Lexis 50 State Surveys, Legislation & Regulations: Healthcare Litigation, Torts. One 50-state survey is on medical malpractice actions.

Hein Online Resources: Subject Compilations of State Laws, Session Laws Library

National Conference of State Legislatures:  Reports and tables on state legislation, both pending and enacted. Medical malpractice is included in the Health Reform section, or you can search the website for other information on tort reform. Some resources on the site are only available to NCSL members.

Law Library of Congress Guide to Law Online: Links to state legal websites, including state legislatures, session laws, and codes.

Westlaw: Bill Tracking databases by State.

Lexis: Bill Tracking Reports by State.

Several CRS (Congressional Research Service) Reports are available on tort reform legislation (mostly federal) and medical malpractice reform. Search in Proquest Congressional or CRSReports.com

Books on the subject in discoverE include Tort Reform, Plaintiffs' Lawyers, and Access to Justice (KFT1395 .D36 2015).

 

Federal Legislation & Healthcare Reform

Legislative histories of the Affordable Care Act and other federal legislation are available on: Hein Online, Proquest Congressional, Westlaw, and congress.gov.

In discoverE, use subject headings like "health care reform" and "medical policy" to find books, ebooks, government documents, and other documents. Recent titles include:

   The Future of Healthcare Reform in the United States, online in Chicago Scholarship Online.

   The Guide to Healthcare Reform: Readings and Commentary (KF3605 .G85 2015).

Westlaw’s Practitioner Insights for Health includes  statutes, regulations, secondary sources, and proposed and enacted health law legislation, federal and state.

The treatise Health Care Reform: Law and Practice on Lexis focuses on the Affordable Care Act and its impact on different groups.

Health Care Reform, Provider Regulation, and Medicaid are frequent topics in Bloomberg BNA’s Health Care Policy Report.

CQ publications include numerous articles on healthcare legislation proposals in Congress.

There are also CRS Reports on federal health law and policy issues. See Proquest Congressional and CRSReports.com. 

Track federal bills using Proquest Congressional, Westlaw, or congress.gov.

 

Codes of Ethics & Other Standards

Center for the Study of Ethics in the Professions: Codes of Ethics Collection. Browse by organization, professional category, keyword.

Markula Center for Applied Ethics: Links and articles on business ethics and bioethics.

Codes of Professional Responsibility: Ethics Standards in Business, Health, and Law, 4th ed. (Service Desk, BJ1725 .C57 2000). Compiled ethics codes, but not up-to-date.

American Institute of CPAs: Standards and Statements

Certified Financial Planner Board of Standards: Professional Standards and Enforcement

American Institute of Architects: Code of Ethics and Bylaws, with decisions and advisory opinions

National Society of Professional Engineers: Ethics Resources

American Medical Association: Medical Ethics

American Dental Association: Ethics and Professional Conduct

American Psychological Association: Ethical Principles and Code of Conduct

 

Attorney Malpractice Resources

ABA Center for Professional Responsibility: Model Rules of Professional Conduct, ABA Formal Ethics Opinions, Directory of State Disciplinary Agencies, links to other professional responsibility resources

ABA/BNA Lawyers’ Manual on Professional Conduct: Ethics rules (ABA Model Rules, state ethics rule links), ABA ethics opinions, summaries of state ethics opinions, practice guides

Annotated Model Rules of Professional Conduct: KF305 .A2 and Westlaw

Foundations of the Law and Ethics of Lawyering: KF306 .A4 F68 (2004)

Westlaw: Ethics and Professional Responsibility Texts and Treatises

Lexis: Has the ABA Model Rules of Professional Conduct, ABA Formal and Informal Ethics Opinions, and some state ethics opinions.

Restatement of the Law Governing Lawyers: Print at Range 301, Westlaw, and Hein Online's ALI Library

Georgia-specific resources on legal ethics:

The State Bar of Georgia website has the Georgia Rules of Professional Conduct, disciplinary proceedings, and advisory opinions. 

Georgia Rules of Professional Conduct are included in Georgia Court Rules and Procedure, vol. 1, State, KFG529 .A193, and Georgia Rules of Court Annotated, KFG529 .A194, both in the reference collection on the 2nd floor.

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