Grace M. Giesel
James R. Merritt Professor and Distinguished Teaching Professor
- E-mail: gmgies01@louisville.edu
- Phone: 502-852-6382
- Fax: 502-852-0862
- Office: 283
Professor Giesel teaches Contract Law, Professional Responsibility, and Contract Drafting. Professor Giesel's scholarly interests include contract law issues and professional responsibility issues with particular focus on the nature of the relationship of attorney and client, in-house counsel, the attorney-client privilege, contracts and public policy, and areas in which professional responsibility and contract law intersect such as the law of settlement contracts. Professor Giesel has authored numerous articles on issues of professional responsibility and also on contract law matters. Most recently, Professor Giesel has authored Client Responsibility for Lawyer Conduct: Examining the Agency Nature of the Lawyer-Client Relationship, 86 Nebraska Law Review 346 (2007), and A Realistic Proposal for the Contract Duress Doctrine, 107 West Virginia Law Review 443 (2005). Professor Giesel is also the author of Mastering Professional Responsibility (2009) and Volume 15, Contracts Contrary to Public Policy, of the Revised Edition of Corbin on Contracts (2003).
Professor Giesel is a past chair of the Kentucky Bar Association Ethics Committee and is a frequent speaker at Continuing Legal Education programs on professional responsibility issues. Professor Giesel also has published practitioner-oriented articles about professional responsibility topics in the Louisville Bar Association's publication, Bar Briefs.
A graduate of Yale University, Professor Giesel received her Juris Doctor degree, with distinction, from Emory University School of Law. At Emory Professor Giesel was an editor of the Emory Law Journal and was elected to the Order of the Coif. Professor Giesel clerked for the Honorable Boyce F. Martin, Jr. of the United States Court of Appeals for the Sixth Circuit. After a brief career as a litigator, Professor Giesel joined the faculty of the Louis D. Brandeis School of Law.
Courses Taught
Contract Law (Contracts I & II)
Professional Responsibility
Contract Drafting
Publications
Books, Chapters, & Law Review Articles
Mastering Professional Responsibility (2009)
Contracts Contrary to Public Policy, Vol.15 of Corbin on Contracts (2003)
Client Responsibility for Lawyer Conduct: Examining the Agency Nature of the Lawyer-Client Relationship 86 Neb. L. Rev. 346 (2007).
A Realistic Proposal for the Contract Duress Doctrine, 107 W. Va. L. Rev. 443 (2005) (55 pages).
Corporations Practicing Law Through Lawyers: Why the Unauthorized Practice of Law Doctrine Should Not Apply, 65 Mo. L. Rev. 151-207 (2000) (56 pages).
Enforcement of Settlement Contracts: The Problem of the Attorney Agent, 12 Geo. J. Legal Ethics 543-591 (Spring 1999) (48 pages).
The Kentucky Ban on Insurers: In-House Attorneys Representing Insureds, 25 N. Ky. L. Rev. 365-405 (1998) (40 pages).
The Legal Advice Requirement of the Attorney-Client Privilege: A Special Problem for In-House Counsel and Outside Attorneys Representing Corporations, 48 Mercer L. Rev. 1169-1218 (1997) (49 pages).
**republished in 48 Defense Counsel Journal 103 (1999)
**republished as an appendix to James S. Bolan, Legal Problems of Museum Administration, Attorney-Client Privilege for In-House Counsel "Advocats Avec Frontiers, ALI-ABA, March 30, 2000.
The Expanded Discretion of Lower Courts To Regulate Access to the Federal Courts After Wilton v. Seven Falls Company: Declaratory Judgment Actions and Implications Far Beyond, 33 Hous. L. Rev. 393-446 (1996) (53 pages).
Defamation Liability for Attorney Speech: A Policy-Based and Civility-Oriented Reconsideration of the Absolute Privilege for Attorneys, 10 Ga. State L. Rev. 431-485 (1994) (54 pages).
The Business Client is a Woman: The Effect of Women as In-House Counsel on Women in Law Firms and the Legal Profession, 72 Neb. L. Rev. 760-802 (1993) (42 pages).
** An excerpt of this article under the same title was published in Equal Access, Vol. II, Issue 1, p.8-9 (1996) (publication of the American Bar Association Section of Litigation, Committee on Equal Opportunity and the Law).
The Ethics or Employment Dilemma of In-House Counsel, 5 Geo. J. Legal Ethics 535-596 (1992) (61 pages).
A Proposal for a Tort Remedy for Insureds of Insolvent Insurers Against Brokers, Excess Insurers, Reinsurers, and the State, 52 Ohio St. L.J. 1075-1130 (1991) (55 pages).
The Knowledge of Insurers and the Posture of the Parties in the Determination of the Insurability of Punitive Damages, 39 Kan. L. Rev. 355-414 (1991) (59 pages).
Other Publications
Ethics of Outsourcing Legal Services, Louisville Bar Briefs, August 2008 (Vol. 8, No. 8)
Client Responsibility for the Torts of the Client's Lawyer, Louisville Bar Briefs, June 2008 (Vol. 8, No. 6)
When the Criminal Client Intends to Commit Perjury, Louisville Bar Briefs, Feb. 2008 (Vol. 8, No. 2).
Required to Report Misconduct, Louisville Bar Briefs, Nov., 2007 (Vol. 7, No.11).
The Saga of the Selective Waiver Doctrine, Louisville Bar Briefs, August, 2007 (Vol. 7, No. 8).
Nonrefundable Fees: The Substance, Not the Label, Matters, Louisville Bar Briefs, May, 2007 (Vol. 7, No. 5)
Agreements that Restrict an Attorney's Practice, Louisville Bar Briefs, February, 2007 (Vol. 7, No. 2)
Restrictions on an Attorney's Right to Practice, Louisville Bar Briefs, November, 2006 (Vol. 6, No. 11)
Multijurisdictional Practice: A Changing Landscape, Louisville Bar Briefs, August, 2006 (Vol. 6, No. 8)
Business Transactions with Clients, Louisville Bar Briefs, May, 2006 (Vol. 6, No. 5)
Ethics and Hourly Billing, Louisville Bar Briefs, February, 2006 (Vol. 6, No. 2)
Ethical Issues and the Nonlawyer Employee, Louisville Bar Briefs, November, 2005 (Vol. 5, No. 11)
Abuse of Process and Wrongful Use of Civil Process, Louisville Bar Briefs, August, 2005 (Vol. 5, No. 8)
The Lawyer-Witness Rule, Louisville Bar Briefs, May, 2005 (Vol. 5, No. 5)
Truth or Consequences, Louisville Bar Briefs, February, 2005 (Vol. 5, No. 2)
Inadvertent Disclosure: A Cautionary Tale of a Speakerphone and a Voicemail Message, November, 2004 (Vol. 2, No. 11)
Judges Profile: The Honorable Boyce F. Martin, Jr., The Federal Lawyer, p.18 (Jan. 1998). 2 PAGES
**reprinted in Louisville Bar Briefs, the Louisville Bar Association publication, in 1998.
Presentations
Scholarly Conferences
International Contracts Conference, February 24-25, 2006, Fort Worth, TX (Attended, Presented, and was part of a Panel Discussion: Courts and Duress: The "Conflict and Confusion")
Continuing Legal Education Presentations
Recent Developments in Professional Responsibility, LBA Annual Spring Ethics CLE, May 19, 2009.
Recent Developments in Professional Responsibility, Jefferson County Women Lawyers Association, May 14, 2009.
Recent Developments in Professional Responsibility, Twelfth Annual Estate Planning Institute, April 24, 2009.
Ethics Issues Relating to Employee Lawyers, Temporary Lawyers, and Outsourcing of Legal Services, U of L Program on Contract Lawyers, April 10, 2009.
Ethics Update: Recent ABA Opinions on Outsourcing and Representing Multiple Clients, Estate and Tax Seminar sponsored by Stockyards Bank, October 30, 2008.
Overview of the Pro Bono Ethics Rules, LBA Pro Bono CLE, October 24, 2008.
Ethics Update: The ABA's New Formal Opinion on Outsourcing of Legal Services and Nonlegal Support Services, LBA IP Section Brown Bag, September 23, 2008.
The Ethics of Rule 3.3, Video Presentation for the Office of the Public Defender, May 20, 2008.
Recent Developments in Legal Ethics: Mass Tort Settlements, Metadata, and Other Topics, LBA Annual Spring Ethics CLE, May 16, 2008.
Recent Developments in Legal Ethics: Mass Tort Settlements, Metadata, and Other Topics, Jefferson County Women Lawyers Association, May 8, 2008.
Recent Developments in Legal Ethics: Mass Tort Settlements, Metadata, and Other Topics, Eleventh Annual Estate Planning Institute, April 25, 2008.
Recent Developments in Legal Ethics: Mass Tort Settlements, Metadata, and Other Topics, KBA 18th Annual Issues for Corporate House Counsel CLE, April 16, 2008.
Professional Responsibility Issues for Small Firm Practice, LBA Solo/Small Firm Section, September 11, 2007
High Profile Professional Responsibility: Hewlett-Packard Pretexting and the Duke Lacrosse Fiasco, LBA, May 11, 2007.
Recent Developments in Professional Responsibility: Hewlett-Packard Pretexting and the Duke Lacrosse Fiasco, Jefferson County Women Lawyers Association, May 10, 2007.
Recent Developments in Professional Responsibility: Hewlett-Packard Pretexting and So Long Nifong, Tenth Annual Estate Planning Institute, April 27, 2007.
Hewlett-Packard, Duke Lacrosse, and Other Ethics-Packed Current Events, KBA 17th Annual Issues for Corporate House Counsel CLE, April 18, 2007.
The Hewlett-Packard Affair: Lawyer Ethics and Deception, GE Legal Post Leadership Conference, March 5, 2007.
Recent Issues in Professional Responsibility, Kentucky Defense Counsel Annual Seminar, October 20, 2006.
Recent Developments in Professional Responsibility, LBA, May 26, 2006.
The Multijurisdictional Practice of Law, Legal Netlink Alliance, May 12, 2006.
Issues in Professional Responsibility, Jefferson County Women Lawyers Association, May 11, 2006.
Developments in Professional Responsibility, Ninth Annual Estate Planning Institute, April 28, 2006.
General Ethics Update with Professor Grace Giesel, LBA and In-House Counsel Section, November 22, 2005.
Annual Ethics Seminar, Jefferson County Women Lawyers Association, May 12, 2005.
Developments in Professional Responsibility, Eighth Annual Estate Planning Institute, April 29, 2005.
Ethical Issues for In-House Attorneys, The 15th Annual Issues for Corporate House Counsel Seminar, KBA Corporate House Counsel Section, April 15, 2005.
Attorney Ethics: Issues of Confidentiality and Unauthorized Practice, Kentucky Paralegal Association, October 29, 2004.
Recent Developments in Professional Responsibility, LBA Appellate Law Section, May 24, 2004.
(for a complete list, please see Curriculum Vitae)
University and Community Service
Kentucky Supreme Court Mass Tort and Class Action Committee (2007-)
University Selection Committee for Distinguished Service (2009)
University Selection Committee for Distinguished Teaching Faculty Award(2007)
University Selection Committee for Outstanding Scholarship, Research & Creative Activity Award (2007)
American Bar Association
Kentucky Bar Association (past Ethics Committee Chair)
Louisville Bar Association
Delegate and Life Member of the Sixth Circuit Judicial Conference since 1990
Law School Service 2008-09
Dean's Advisory Committee
Faculty Recruitment Committee (Chair)
Alumni Relations Liaison
Faculty Excellence Committee
CLE Committee
Personnel Committee
(for a complete list, please see Curriculum Vitae)