Biography

Publications of Paula  Schaefer

Professor Schaefer joined the UT College of Law Faculty in 2008. Prior to teaching, she practiced in the area of commercial litigation for seven years, first at Shook, Hardy and Bacon and then at Bryan Cave. In 2004, she joined the business school faculty at the University of Central Missouri where she taught undergraduate and graduate courses in business law and business ethics.

Professor Schaefer teaches Business Associations, Civil Procedure, E-Discovery, Legal Profession, and Pre-Trial Litigation. Her scholarship considers issues of attorney ethics and fiduciary duty, particularly in an attorney’s representation of business clients. Professor Schaefer’s articles have been published in various journals including Maryland Law Review, Florida State University Law Review, American Business Law Journal, and Yale Law Journal Pocket Part.

Professor Schaefer is interested in developing innovative teaching methods that incorporate skills into the law school classroom. The Nevada Law Journal recently published Professor Schaefer's article about the e-discovery simulation that is a part of her pre-trial litigation and e-discovery classes. She is currently writing the Civil Procedure book in West's Developing Professional Skills series.

She is a member of the District Two Investigating Committee for the Tennessee Board of Law Examiners and a Member. She regularly speaks on attorney ethics topics to various groups and is a contributing author to the Knoxville Bar Association's "Schooled in Ethics" Column.

While in law school at the University of Missouri, she was on the editorial board of the Missouri Law Review and was a member of The Order of the Coif. After graduation, she served as a law clerk at the Missouri Supreme Court for the Honorable Ann K. Covington, the first woman to serve on that court. Professor Schaefer and Judge Covington recently completed Judge Covington’s oral history for the American Bar Association’s Women Trailblazers in the Law Project. The oral history is available at http://www.americanbar.org/directories/women_trailblazers/the_honorable_ann_k_covington.html.

Publications

Biography of Paula  Schaefer

 Book and Book Chapters

Developing Professional Skills: Civil Procedure (West Academic Publishing, forthcoming).

Professional Responsibility, in Making the Pieces Fit: An Analysis of the Daimler-Chrysler Merger (Carolina Academic Press, forthcoming) (with Alex Long).

Corporate Law and the Multinational Corporation, in Making the Pieces Fit: An Analysis of the Daimler-Chrysler Merger (Carolina Academic Press, forthcoming) (with Christyne Vachon).

Law Review Articles and Essays

In Pari Delicto Deconstructed: Why Courts Are Wrong to Protect Lawyers who Participate in Corporate Client Crime and Fraud (work in progress).

Technology's Triple Threat to the Attorney-Client Privilege (work in progress).

Injecting Law Student Drama Into the Classroom: Transforming an E-Discovery Class (or Any Law School Class) with a Complex, Student-Generated Simulation, 12 Nev. L. J. 130 (2011).

Transactional Lawyers and Inadvertent Disclosure, 13 Transactions: The Tenn. J. Bus. Law 107 (2011).

Harming Business Clients with Zealous Advocacy: Rethinking the Attorney Advisor’s Touchstone, 38 Fla. St. U. L. Rev. 251 (2011).

The Future of Inadvertent Disclosure: The Lingering Need to Revise Professional Conduct Rules, 69 Md. L. Rev. 109 (2010) (lead article). 

Protecting a Business Entity Client from Itself through Loyal Disclosure, 118 Yale L.J. Pocket Part 152 (2009).

Refereed Business Law Journal Articles

Business Litigation in the Electronic Age: Recognizing and Addressing the Hazards of Privilege Disclosure Orders, Midwest Law J. 61 (2008).

Overcoming Noneconomic Barriers to Loyal Disclosure, 44 Am. Bus. L. J. 417 (2007).

The Fiduciary’s Duty to Make “Permissive” Disclosure of Confidential Client Information to Protect the Organizational Client, Ethics & Critical Thinking Quarterly Journal, Vol. 2005, Issue 2, 68 (2005).

Refereed Conference Proceedings

Fraud as a Theme for Teaching Business Law, Midwest Acad. Leg. Stud. in Bus. Proc. (2008).

Using Case Law to Teach Business Ethics: How Studying the “Ethical Minimum” Can Help Students Develop Ethical (and Legal) Decision Making Skills, Midwest Acad. Leg. Stud. in Bus. Proc. 106 (2007)

The Negative Implications of Inconsistent Confidentiality Rules Among the States in 2006: An Argument for the Uniform Adoption of the 2003 Amendments to Model Rules 1.6 and 1.13, Midwest Acad. Leg. Stud. in Bus. Proc. 1 (2006)

Confidentiality and In-House Counsel’s Cause of Action for Retaliatory Discharge, 34 Acad. Leg. Stud. in  Bus. Nat’l Proc. (2005).