Grace M. Giesel

Bernard Flexner Professor and Distinguished Teaching Professor

Grace M. Giesel's picture
   

Professor Giesel, the Bernard Flexner Professor and Distinguished Teaching Professor, teaches Contract Law, Professional Responsibility, and Contract Drafting.

In all of her classes Professor Giesel strives to provide an environment for her students to learn doctrine and skills in a rigorous but comfortable environment. Professor Giesel's scholarly interests include contract and professional responsibility issues with particular focus on the nature of the relationship of attorney and client, in-house and corporate representation in general, the attorney-client privilege, contracts and public policy, and areas in which professional responsibility and contract law intersect.

Professor Giesel has authored numerous articles on issues of professional responsibility and also on contract law matters. Most recently, Professor Giesel has authored Alternative Litigation Finance and the Attorney-Client Privilege, 92 Denver U. L. Rev. ___ (forthcoming); The Attorney-Client Relationship and the Age of Technology, 32 Miss. C. L. Rev. 319 (2013); Alternative Litigation Finance and the Work-Product Doctrine, 47 Wake Forest L. Rev. 1083 (2012); End the Experiment:  The Attorney-Client Privilege Should Not Protect Communications in the Allied Lawyer Setting, 95 Marquette L. Rev. 475(2011-2012); and Upjohn Warnings, the Attorney-Client Privilege, and Principles of Lawyer Ethics:  Achieving Harmony, 65 U. of Miami L. Rev. 109 (2010). 

Professor Giesel is Chair of the Kentucky Bar Association Ethics Committee and oversees the Hotline system for Kentucky. She is a frequent speaker at Continuing Legal Education programs on professional responsibility issues.  Professor Giesel joined the Brandeis faculty after clerking for the Honorable Boyce F. Martin, Jr. of the United States Court of Appeals for the Sixth Circuit and practicing law for several years. A graduate of Yale University, Professor Giesel received her J.D. degree, with distinction, from Emory University School of Law.

Courses Taught

Contract Law (Contracts I & II)

Professional Responsibility

Contract Drafting

Publications

Books and Law Review Articles 

MASTERING PROFESSIONAL RESPONSIBILITY (2009).

CONTRACTS CONTRARY TO PUBLIC POLICY, Vol.15 of CORBIN ON CONTRACTS (2003).

Alternative Litigation Finance and the Attorney-Client Privilege, 92 Denver U. L. Rev. ___ (forthcoming). 

 The Attorney-Client Relationship and the Age of Technology 32 Miss. C. L. Rev. 319 (2013).

Alternative Litigation Finance and the Work-Product Doctrine, 47 WAKE FOREST L. REV. 1083 (2012).

End the Experiment:  The Attorney-Client Privilege Should Not Protect Communications in the Allied Lawyer Setting, 95 Marq. L. Rev. 475  (2011-2012). 

Upjohn Warnings, the Attorney-Client Privilege, and Principles of Lawyer Ethics:  Achieving Harmony, 65 U. Miami L. Rev. 109 (2010).

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) .

Corporations Practicing Law Through Lawyers: Why the Unauthorized Practice of Law Doctrine Should Not Apply, 65 Mo. L. Rev. 151-207 (2000).

Enforcement of Settlement Contracts: The Problem of the Attorney Agent, 12 Geo. J. Legal Ethics 543-591 (1999).

The Kentucky Ban on Insurers: In-House Attorneys Representing Insureds, 25 N. Ky. L. Rev. 365-405 (1998).

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).

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).

Defamation Liability for Attorney Speech: A Policy-Based and Civility-Oriented Reconsideration of the Absolute Privilege for Attorneys, 10 Ga. St. L. Rev. 431-485 (1994).

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).

The Ethics or Employment Dilemma of In-House Counsel, 5 Geo. J. Legal Ethics 535-596 (1992).

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).

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).

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). 

**reprinted in LOUISVILLE BAR BRIEFS, the Louisville Bar Association publication, in 1998.

Presentations

Presentations at Scholarly Conferences

The Attorney-Client Relationship in the Age of Technology, at the Mississippi College School of Law in March, 2013, as part of a symposium, Ethics 20/20:  The Future of Professional Responsibility.

Teaching Ethics in a Drafting Course, part of conference, Transactional Education: What's Next?, June 4-5, 2010, Emory University School of Law, Atlanta, GA. 

Courts and Duress: The "Conflict and Confusion," International Contracts Conference, February 24-25, 2006, Fort Worth, TX.

Other Presentations

Flexner Forum:  The Story of Kentucky Bar Association Ethics Opinion 435:  The Ethics of Plea Bargains that Waive Claims of Ineffective Assistance of Counsel, Univ. of Louisville, Brandeis School of Law, Sept. 18, 2013. 

CLE Presentations

Test Your Etics IQ, KBA Annual Convention, June 18, 2014.

Developments in Professional Responsibility, 17th Annual Estate Planning Institute, may 30, 2014.

Developments in Professional Responsibility, Jefferson County Women Lawyers Association, May 8, 2014.

2014 Developments in Professional Responsiblity, LBA,  May 7, 2014.

Ethics, American Academy of Matrimonial Lawyers/ LBA Family Law Seminar, April 25, 2014.

Money Matters & Termination of the Attorney-Client Relationship, part of the Ethics and Professionalism Enhancement Program, KBA, April 25, 2014.

Conflicts, Prospective Clients, and Confidentiality, First Annual Bankruptcy Institute, LBA, Oct. 4, 2013.  

Evolution of KBA Ethics Opinion E-435, part of The Ethics of Plea Bargains that Waive the Right to Challenge the Conviction on the Grounds of Ineffective Assistance of Counsel, LBA Criminal Law Section, LBA, Sept. 27, 2013.

Conflicts, Prospective Clients, and Confidentiality, In-House CLE, Legal Aid, Sept. 6, 2013.

Test Your Ethics IQ, KBA Annual Convention, June 21, 2013.

Developments in Professional Responsibility, 16th Annual Estate Planning Institute, May 24, 2013. 

2013 Developments in Professional Responsibility, LBA, May 8, 2013.

Developments in Professional Responsibility, Jefferson County Women Lawyers Association, May 9, 2013.

Money Matters & Termination of Attorney-Client Relationship, Ethics & Professionalism Enhancement Program, KBA, April 19, 2013. 

Developments in Professional Responsibility, Jefferson County Women Lawyers Association, May 10, 2012.

Developments in Professional Responsibility, LBA, May 1, 2012.
 
Developments in Professional Responsibility, 15th Annual Estate Planning Institute, April 27, 2012.

Ethics Quiz:  Test Your Knowledge of the Rules of Professional Conduct, KBA Convention, June 17, 2011.
 
Professional Responsibility Issues:  Supervision of Lawyers and Nonlawyers, Dealing with the Property of Others, and Conflicts of Interest, Old Republic National Title Ins. Co. 2011 Kentucky Agency Seminar, June 7, 2011.

Recent Developments in Professional Responsibility, LBA, May 17, 2011.

Recent Developments in Professional Responsibility, Jefferson County Women Lawyers Association, May 12, 2011.  
 
Developments in Professional Responsibility, 14th Annual Estate Planning Institute, April 22, 2011.
   
Ethics:  Representing Public Entities and Individual Public Officials/Employees, Kentucky Council of School Board Attorneys Winter Meeting, February 4, 2011.
  
Developments in Professional Responsibility, 13th Annual Estate Planning Institute, May 28, 2010.

Recent Developments in Professional Responsibility, LBA, May 12, 2010.

Recent Developments in Professional Responsibility, Jefferson County Women Lawyers Association, May 13, 2010.

Legal Ethics in Family Law, 13th Annual Academy of Matrimonial Lawyers LBA Family Law Seminar, April 22, 2010.

University and Community Service

Kentucky Bar Association Ethics Committee Chair

Member of Merit Selection Panel for Bankruptcy Judge--Western District of Kentucky (2011)

Kentucky Supreme Court Mass Tort and Class Action Committee (2007-2010)

University Selection Committee for Distinguished Service (2009- 2012; 2014)

University Selection Committee for Distinguished Teaching Faculty Award(2007)

University Selection Committee for Outstanding Scholarship, Research & Creative Activity Award (2007 & 2011-12)

American Bar Association

Louisville Bar Association

Delegate and Life Member of the Sixth Circuit Judicial Conference (1990-2010)

Law School Service 2013-14

Admissions Committee

Probation & Reinstatement Committee 

Alumni Relations Liaison

KBA Ethics Committee

Personnel Committee

(for a complete list, please see Curriculum Vitae)