News & Analysis as of

Client Representation Model Rules

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

Schwabe, Williamson & Wyatt PC

ABA Relaxes Rule 4.2 When a Lawyer Hits ‘Reply All’: Will Oregon and Washington Follow Suit?

The American Bar Association (ABA) has issued its second formal opinion concerning Model Rule 4.2 in as many months. The so-called “no-contact rule” prohibits a lawyer from having contact with a represented party about the...more

Schwabe, Williamson & Wyatt PC

The Text Might Not Set You Free.

American Bar Association (ABA) Model Rule 4.2, the “no-contact rule,” provides that: “In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be...more

Hinshaw & Culbertson - Lawyers' Lawyer...

Legal Ethics Trend – Representing Clients with Diminished Capacity

The #FreeBritney movement catapulted the ethical challenges of conservatorships into the public eye. Pop icon Britney Spears, whose father was appointed as her conservator in 2008, stands at the center of this cultural...more

Holland & Knight LLP

Beyond Politics: Attorney-Client Privilege and Work Product Protection

Holland & Knight LLP on

American Bar Association Model Rule 2.1 and its state law equivalents recognize that in advising a client, a lawyer may take into account and refer to "moral, economic, social and political factors that may be relevant to the...more

Hinshaw & Culbertson - Lawyers' Lawyer...

Lawyers, Don't Be Willfully Blind to Suspected Client Fraudulent Conduct – Lawyers' Lawyer Newsletter

It's one of the most gut-wrenching events in a lawyer's practice when they suspect the client is lying about the facts to cover up fraudulent or criminal activity. The client may be hiding liabilities when applying for a loan...more

Cozen O'Connor

Is it Time to Remove “Zeal” From the ABA Model Rules of Professional Conduct?

Cozen O'Connor on

[co-author: Stephanie K. Benecchi] Why the term “zeal” as used in the ABA Model Rules is misleading and potentially harmful, and why its removal will result in rules that clearly set out a lawyer’s ethical obligations...more

Cozen O'Connor

Conversation vs. Correspondence: New Jersey Ethics Opinion Goes Its Own Way on “Implied Consent”

Cozen O'Connor on

A new ethics opinion from New Jersey turns the concept of “implied consent” under ABA Model Rule 4.2 on its head. The March 10, 2021 Ethics Opinion from New Jersey - A recent opinion from the New Jersey Advisory Committee...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 - Halloween 2020

Firm Administration – Expense Reporting – Oversight – Discipline - Trick or Treat Editors' Note: Aside from a global pandemic, is there anything more bizarre and troubling than lawyers stealing seemingly paltry sums from...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

Hinshaw & Culbertson - Lawyers' Lawyer...

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

Representing the Estate Executor – Ethical Duty – Confidentiality – Withdrawal - New York State Bar Association Ethics Opinion No. 1194 - Risk Management Issue: Does a lawyer for an estate executor have an ethical duty...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

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

Esquire Deposition Solutions, LLC

File Retention After Termination of Representation

A court ruling recently solidified the majority perspective that attorneys have an ethical duty to turn over and surrender their entire file to clients upon termination of representation. This ruling included returning...more

Esquire Deposition Solutions, LLC

Re-examining Corporate Fraud & Due Diligence

A Recent tweet by the Tesla Chief Executive Officer Elon Musk caused havoc when he publicly considered privatizing the company. After sending a tweet claiming he secured the necessary funding for privatization, shares...more

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