News & Analysis as of

Client Representation Conflicts of Interest

Charles E. Rounds, Jr. - Suffolk University...

To Lawyers Who Refer Clients to Estate-Planning Attorneys Who Act as Professional Trustees: Beware the Uniform Trust Code’s...

Consider the lawyer who lacks a working familiarity with trusts, and with estate planning generally. He prudently and ethically refers a client in need of an estate plan to a well-respected lawyer who also happens also to be...more

Hinshaw & Culbertson - Lawyers' Lawyer...

So, You Made a Mistake. Do You Need to Tell Your Client?

Consider the following hypothetical. A corporate client hires a lawyer in connection with purchasing a controlling interest in an LLC. The lawyer structures the deal to lower the client's tax liability based on his assumption...more

Goodell, DeVries, Leech & Dann, LLP

Breaking Silence: The Ethics of Lawyers Critiquing Clients

Several weeks ago, attorney Mark Lemley was criticized for having the temerity to terminate his representation of Meta during an ongoing copyright infringement case because of its CEO’s alleged “descent into toxic...more

Marshall Dennehey

New ABA Formal Ethics Opinion on Attorney Office Sharing Arrangements

Marshall Dennehey on

The American Bar Association recently issued a Formal Ethics Opinion addressing the ethics of attorney office sharing arrangements. In Formal Opinion 507, issued on July 12, 2023, the ABA Standard Committee on Ethics and...more

Conn Kavanaugh

Spotting and Avoiding “Material Limitation” Conflicts of Interest

Conn Kavanaugh on

Some conflicts of interest are easy to spot. Most lawyers recognize, for example, that a lawyer cannot act as an advocate in one case against a person the lawyer represents in another case, even if the matters are unrelated. ...more

Maynard Nexsen

Civility in Litigation and Navigating Difficult Opposing Counsel

Maynard Nexsen on

You may not have heard the phrase before, but most likely you have encountered a “litigation terrorist” – an attorney who deliberately creates chaos in litigation. This is a growing trend in litigation and can manifest...more

Hinshaw & Culbertson - Lawyers' Lawyer...

Identifying and Resolving Conflicts of Interest: Three Simple Rules

The duty of loyalty is the highest duty that a lawyer owes to a client. Indeed, it can be argued that all of the duties that an attorney owes to a client are derivative of the duty of loyalty. Not surprisingly, conflicts of...more

Smith Anderson

Lawyers May Simultaneously Represent a Corporation and Its Directors Against Derivative Claims That Do Not Allege “Serious...

Smith Anderson on

In a case of first impression in North Carolina, a judge for the North Carolina Business Court was recently asked to decide whether a single law firm may simultaneously represent both a corporation and its individual...more

Womble Bond Dickinson

You Make a Mistake. Should You Continue to Represent the Client?

Womble Bond Dickinson on

“To err is human, to forgive, divine.” But how many of us have godlike clients? At some point in their careers, most lawyers will make a mistake, whether trivial or significant in terms of the representation or the outcome of...more

Hinshaw & Culbertson - Lawyers' Lawyer...

Lawyers' Lawyer Newsletter – Recent Developments in Risk Management

In this edition of the Lawyers' Lawyer Newsletter we cover the following: - When Do an Attorney's Personal Relationships Create a Conflict Requiring Disclosure to the Client and Informed Consent? - May a Lawyer...more

Hinshaw & Culbertson - Lawyers' Lawyer...

The Lawyers' Lawyer Newsletter – Recent Developments in Risk Management – September 2020

Prospective Clients – Duty of Confidentiality – Potentially Harmful or Disqualifying Information ABA Formal Opinion 492 (June 9, 2020) - Risk Management Issue: When dealing with prospective clients, what steps can a lawyer...more

McDermott Will & Emery

Representation of Opposing Party’s Corporate Subsidiary Can Cause Disqualification

The US Court of Appeals for the Federal Circuit concluded that a firm’s ongoing representation of the opposing parties’ indirect subsidiary and affiliate in three patent infringement appeals created a concurrent conflict of...more

Allen Matkins

Two Partners, Three Lawyers, What Would King Solomon Do?

Allen Matkins on

Jarvis Properties is a limited partnership with two general partners. As fate would have it, the two general partners are brothers and each brother holds a 50% interest in the partnership. When one brother, James, sued for...more

Knobbe Martens

Dr. Falk Pharma GmbH v. Generico, LLC

Knobbe Martens on

Federal Circuit Summary - Before Lourie, O’Malley, Reyna. Appeals from the Patent Trial and Appeal Board, United States District Court for the Northern District of West Virginia, and United States District Court for the...more

Holland & Knight LLP

2 Clients Seeking Damages from 1 Pool of Money Equals 1 Disqualified Attorney

Holland & Knight LLP on

• In Bridgepoint Construction Services, Inc. v. Newton, et al., the California Court of Appeal recently affirmed a trial court's decision to disqualify an attorney from representing multiple clients who all sought damages...more

Esquire Deposition Solutions, LLC

What to Consider Before Agreeing to Joint Defense

In matters of representation in complex cases, litigators have a responsibility to protect a client’s case and defend their right to invoke the Fifth Amendment. But these ideals become compromised when a lawyer deposes...more

Hinshaw & Culbertson LLP

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - June 2016

Disqualification — Substantially Related Matters — Waiver of Conflict by Lack of Diligence in Seeking Disqualification - State of Minnesota, et al v. 3M Company, Hennepin County (Minn.), Court File No. 27-CV-10-28862...more

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