Recent Blog Posts
Can a Lawyer Use My Confidential Information in a Different Case?
LAWYERS MUST OBTAIN INFORMED WRITTEN CONSENT TO USE CONFIDENTIAL INFORMATION IN “OTHER CASES” Special rules govern the way lawyers can use confidential information that was obtained from, or belongs to, a client. If a lawyer receives or learns confidential information from a client, or in the course of representing a client, the lawyer cannot… Read More »
The Importance of Informed Written Consent to Conflicts of Interest
Where conflicts of interest exist, a lawyer may not engage in certain types of conduct without making proper disclosures and obtaining the client’s informed written consent. Last week, we examined what it means to give informed written consent. Today, we’ll look a little more closely at what the lawyer cannot do unless proper consent is obtained…. Read More »
Can A Lawyer Represent a Client if the Lawyer Has a Conflict of Interest?
SOMETIMES. Let’s look at the situation in more detail. When the rules that govern attorney conduct do not prohibit representation, a lawyer can represent a client, even if a conflict of interest exists, as long as the conflict is disclosed in writing and the client gives written informed consent (where required), despite the conflict. A surprising number… Read More »
When Does a Lawyer Have a Conflict of Interest?
As we discussed in a previous post, a conflict of interest exists when a lawyer’s duty to a client would require the lawyer to take action that is contrary to or would prejudice to the interests of the lawyer, another client, or someone else to whom the lawyer owes a specific type of legal duty…. Read More »
What is a Legal Conflict of Interest?
WHAT IS A CONFLICT OF INTEREST? In the context of lawyers and legal relationships, a conflict of interest exists when a lawyer’s duty to a client would require the lawyer to take action that is contrary to or would prejudice to the interests of the lawyer, another client, or someone else to whom the… Read More »
Can My Old Lawyer Refuse to Give My File to My New Lawyer?
NO. LAWYERS MUST RELEASE THE CLIENT’S FILE PROMPTLY, UPON REQUEST Attorneys have a legal duty to release the client’s file (at the client’s request) upon termination of the attorney-client relationship, regardless of the reason for termination. The lawyer must release “all materials and property” belonging to the client (including electronic files), and must release them… Read More »
When Your Lawyer Quits: Substitution of and Cooperation With New Counsel
This post is part of an ongoing series about the obligations lawyers have when terminating (quitting) representation of a client. To start from the original post, click here (the post will open in a new window). LAWYERS HAVE A DUTY TO SIGN SUBSTITUTION OF COUNSEL FORMS WHEN REQUESTED OR NECESSARY Whenever a client… Read More »
When Your Lawyer Quits: Returning Unearned Legal Fees
This post is part of an ongoing series about the obligations lawyers have when terminating (quitting) representation of a client. To start from the original post, click here (the post will open in a new window). WHEN A LAWYER QUITS OR IS FIRED, UNEARNED FEES MUST BE RETURNED TO THE FORMER CLIENT When… Read More »
When Your Lawyer Quits: Protecting Confidential Information
This post is part of an ongoing series about the obligations lawyers have when terminating (quitting) representation of a client. To start from the original post, click here (the post will open in a new window). EVEN AFTER TERMINATING THE ATTORNEY-CLIENT RELATIONSHIP, A LAWYER MUST MAINTAIN THE CONFIDENTIALITY OF THE CLIENT’S CONFIDENTIAL INFORMATION It’s… Read More »
When Your Lawyer Quits: Avoiding Prejudice to the Client
This post is part of an ongoing series about the obligations lawyers have when terminating (quitting) representation of a client. To start from the original post, click here (the post will open in a new window). A LAWYER MUST AVOID CAUSING PREJUDICE TO THE (FORMER) CLIENT Lawyers who withdraw from representing a client… Read More »
