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The Settlement Black Box
Hazard, Geoffrey
Hazard, Geoffrey
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Abstract
The proposed settlements in major asbestos class action proceedings have inspired intensive questioning of the lawyer's role in the negotiation of settlements. The essential question is whether more effective controls can be imposed on lawyers negotiating settlements for claimants, particularly personal injury claimants, without infringing on the client's right to confidentiality or impairing the client's bargaining position.