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Conflicts of Interest American Bar Association (ABA)

Goldberg Segalla

The Corporate Client: You’re My Lawyer, Right?

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The ABA recently provided insight for attorneys who represent corporate clients. While that engagement is often limited to an attorney’s duty to the organization, there is a very real risk that the organization’s members –...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

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

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

Conn Kavanaugh

Massachusetts Proposes Amendments to Rules of Professional Conduct

Conn Kavanaugh on

The Supreme Judicial Court Standing Advisory Committee on the Rules of Professional Conduct has solicited comments on proposed amendments to the Rules that will have a broad impact on lawyers’ ethical obligations. The...more

Freeman Law

What are Common Ethical Issues in Tax Practice?

Freeman Law on

The nature of tax practice presents a number of unique ethical issues. Tax practice requires compliance with multiple ethical frameworks. This creates ambiguities and raises complex questions. Courts have even questioned...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

Proskauer - Minding Your Business

The Golden Rules: A Primer on California’s New Professional Responsibility Rules

California overhauled its Rules of Professional Conduct effective November 1, 2018. This post highlights some impactful revisions for commercial litigators. However, all California lawyers should familiarize themselves with...more

Esquire Deposition Solutions, LLC

Imputed Disqualification: Challenges of Suing Former Clients

The case of RehabCare Group East, Inc. v. Village Health Care Management, LLC demonstrates the importance of thorough and vigorous conflict of interest checks by attorneys to avoid representation overlap. This case...more

Jones Day

USPTO Director’s Alleged Conflict Not Imputed to PTAB Administrative Patent Judges

Jones Day on

The Patent Trial and Appeals Board (PTAB) recently denied a Motion to Dismiss asserting the presence of a conflict of interest of USPTO Director Andrei Iancu. In St. Jude Medical, LLC. v. Snyders Heart Valve LLC, the Patent...more

Hinshaw & Culbertson LLP

ABA Clarifies Referral Fees Between Lawyers in Formal Ethics Opinion 474

On April 21, 2016, the American Bar Association ("ABA") Standing Committee on Ethics and Professional Responsibility released Formal Opinion 474, addressing referral fees under Model Rule 1.5(e) and the impact of conflicts of...more

Holland & Knight LLP

D.C. Adopts Screening of Laterals, But Adds Delayed or No Notice Exception

Holland & Knight LLP on

The District of Columbia Court of Appeals, in Order No. M-242-12 of Oct. 8, has adopted amendments to RPC 1.10 that will allow firms who hire lateral lawyers to screen those lawyers in order to prevent imputation of their...more

Morrison & Foerster LLP

Annual Review of Federal Securities Regulation - The Business Lawyer, Vol. 70, Iss. 3

This Annual Review (“Review”) was prepared by the Subcommittee on Annual Review of the Committee on Federal Regulation of Securities of the ABA Business Law Section. The Review covers significant developments in federal...more

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