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
There is a well-worn joke about a lawyer who runs into an old acquaintance on the street. “I’m so glad to see you!” the friend exclaims. “I’m in terrible trouble—can I ask you a couple of questions?” “Of course,” replies the...more
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
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
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
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
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
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
After coming under scrutiny by North Carolina Supreme Court officials, appearance-of-impropriety standards are no longer sufficient in determining when former clients may or may not disqualify counsel. As of last April,...more