Grace M. Giesel

Bernard Flexner Professor and Distinguished Teaching Professor

About

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 setting. 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, the attorney-client privilege, and contracts and public policy.

Professor Giesel has authored numerous articles on issues of professional responsibility and also on contract law matters. Most recently, Professor Giesel has authored A New Look at Contract Mistake Doctrine and Personal Injury Releases, 19 Nevada L.J. __ (forthcoming early 2019). In recent years Professor Giesel has also authored Control of the Attorney-Client Privilege After Mergers and Other Transformational Transactions: Should Control of the Privilege Be Alienable by Contract?, 48 Seton Hall L. Rev. 309 (2018); Alternative Litigation Finance and the Attorney-Client Privilege, 92 Denver U. L. Rev. 95 (2014); 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); and End the Experiment: The Attorney-Client Privilege Should Not Protect Communications in the Allied Lawyer Setting, 95 Marquette L. Rev. 475 (2011-2012).

Professor Giesel is also the author of Mastering Professional Responsibility (2d ed. 2015), a treatise dealing with legal ethics.

Professor Giesel is the recipient of the Women Lawyers Association of Jefferson County Achievement in Excellence Award and is the past Chair of the Kentucky Bar Association Ethics Committee. 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.

Contract Drafting

Contracts I and II

Professional Responsibility

Books

Mastering Professional Responsibility (2d Edition 2015).

Contracts Contrary to Public Policy, Vol. 15 of Corbin on Contracts (2003).

Law Review Articles

A New Look at Contract Mistake Doctrine and Personal Injury Releases, 19 Nevada L.J. __ (forthcoming early 2019).

Control of the Attorney-Client Privilege After Mergers and Other Transformational Transactions: Should Control of the Privilege Be Alienable by Contract?, 48 Seton Hall L. Rev. 309 (2018).

Control of the Attorney-Client Privilege After Mergers and Other Transformational Transactions: Should Control of the Privilege Be Alienable by Contract?, 48 Seton Hall L. Rev. ____ (forthcoming early 2018).

Alternative Litigation Finance and the Attorney-Client Privilege, 92 Denver U. L. Rev. 95 (2014).

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

The Difference Between Confidentiality and the Attorney-Client Privilege, lawyerist.com, March 19, 2015.

The Duty of Confidentiality and the Attorney-Client Privilege: Sorting Out the Concepts, Kentucky Bar Association Bench & Bar, January 2015.

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.

Recent Presentations at Scholarly Conferences

The Attorney-Client Privilege and the Common Interest Doctrine, part of conference, 2017 Association of Professional Responsibility Lawyers, Miami Beach, FL, February 3, 2017.

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.

Other Presentations

Flexner Forum: A Lawyer’s Role in Criminal Defense Representation: Some thoughts about the Supreme Court’s Recent McCoy v. Louisiana Opinion, University of Louisville Louis D. Brandeis School of Law, August 29, 2018.

Flexner Forum: A Cutting Edge of the Attorney-Client Privilege: Common Interest in Transactional Practice, University of Louisville Louis D. Brandeis School of Law, September 26, 2017.

Fourth Annual Flexner Forum: Williams v. Pennsylvania: The Supreme Court's Most Recent Statement about Judicial Recusal, University of Louisville Louis D. Brandeis School of Law, September 13, 2016.

Third Annual Flexner Forum: Lawyer Promises of Secrecy in Settlements and Lawyer Ethics, University of Louisville Louis D. Brandeis School of Law, September 29, 2015.

Second Annual Flexner Forum: The Ethics of Arbitration Clauses in Lawyer Engagement Contracts, University of Louisville Louis D. Brandeis School of Law, September 18, 2014.

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

Confidentiality, Attorney-Client Privilege, Conflict of Interest, and Limited Scope Representation, Legal Aid Society of Louisville, September 28, 2018.

Recent Developments in Professional Responsibility, Jefferson County Women Lawyers Association, May 10, 2018.

Recent Developments in Professional Responsibility, Louisville Bar Association, May 8, 2018.

Recent Developments in Professional Responsibility, Jefferson County Women Lawyers Association, May 11, 2017.

Recent Developments in Professional Responsibility, LBA, May 3, 2017.

Recent Developments in Professional Responsibility, 20th Annual Estate Planning Institute, April 21, 2017.

Confidential: Protecting Attorney-Client Privilege and Corporate Documents, ABA Live Webinar, August 16, 2016 (with two other attorneys).

Ethics Primer: Prospective Clients, the Duty of Confidentiality, and the Attorney-Client Privilege, 33rd Annual Carl A. Warns, Jr. and Edwin Render Labor and Employment Law Institute, June 10, 2016.

Ethics Primer: Prospective Clients, the Duty of Confidentiality, and the Attorney-Client Privilege, Old Republic National Title Insurance Company 2016 Agency Seminar, June 7, 2016.

Recent Developments in Professional Responsibility, 19th Annual Estate Planning Institute, May 27, 2016.

Recent Developments in Professional Responsibility, Jefferson County Women Lawyers Association, May 18, 2016.

The KBA Ethics Committee: A Panel Discussion, KBA Annual Convention, Louisville, KY, May 11, 2016 (one of seven panelists).

Recent Developments in Professional Responsibility, LBA, May 3, 2016.

Prospective Clients, Clients with Diminished Capacity, Confidentiality, and the Attorney-Client Privilege, Estate and Tax Seminar, sponsored by Stock Yards Bank and Trust Company, November 5, 2015.

Test Your Ethics IQ!, KBA Annual Convention, Lexington, KY, June 18, 2015.

Recent Developments in Professional Responsibility, Jefferson County Women Lawyers Association, May 7, 2015.

Recent Developments in Professional Responsibility, LBA, May 5, 2015.

Money Matters and the Termination of the Attorney-Client Relationship, Ethics and Professional Enhancement Program, Frankfort, KY, April 17, 2015.

Test Your Ethics 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.

2014 Women Lawyers Association Achievement in Excellence Award.

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)

Recent Law School Service

Associate Dean for Academic Affairs, 2015-2016 Academic Year

Admissions Committee Chair

Dean Search Committee

Student Welfare Committee

Personnel Committee Chair

Curriculum Committee Chair

Reinstatement and Probation Committee

For a complete list, please see Curriculum Vitae.