In This Issue:

Written Agreement to Arbitrate Fee Disputes Precludes Attorney from Suing for Fees
Juhasz v. Costanzo, 2001 WL 977933 (Ohio App. 7 Dist., 2001). An Ohio attorney who signs an agreement to be bound by an arbitration award is subject to statutory arbitration, which does not allow a party to withdraw from arbitration.

Attorney Who Was Being Prosecuted for Drug Charges Had Conflict of Interest with Client Who Was Being Charged with Burglary by Same Prosecutor
Campbell v. Rice, ____F.3d ____, 2001 WL 1044603 (9th Cir., 2001). An attorney represented her client in a burglary case. At the same time, she was being prosecuted for a drug offense by the same prosecutor.

Lawyer's Prior Representation in Transfer of Asset by Client Facing a Lawsuit Did Not Disqualify Firm From Representing Adverse Party in the Subsequent Suit
Williams v. Bell, ____ So.2d ____, 2001 WL 1014007 (Miss. Sept. 6, 2001). At a prior law firm, an attorney had assisted lawyers in a clerical capacity for two months in representing a client in transferring assets.

Screening is Not Effective to Prevent Disqualification When Firm is Small
Crudele v. New York Police Dept., 2001 WL 1033539, S.D.N.Y., No. 97 Civ. 6687 (RCC), Sept. 7, 2001. A former city attorney who had represented the City of New York as a defendant in litigation over sick leave policies joined the firm that represented the plaintiffs.

Fee Agreement that Creates Conflict Between Debtor and His Attorneys Will Not Be Approved
In re Craig, Debtor, ___B.R.___ (Bankr.M.D. Fla.2001). A debtor and his attorney entered into an agreement for services for filing of a Chapter 11 bankruptcy petition, which provided that if the client was unable to escrow fees claimed by the attorney in excess of the $15,000 retainer and a default in escrow deposits continued for a period of thirty days, the client agreed that the attorney could move to dismiss or convert the case to a Chapter 7 bankruptcy.

Continuous Representation Rule Does Not Toll Statute of Limitations When Representation of the Specific Matter Has Ended Even if Attorney-Client Relationship Continues
Maasaoka v. Rosenblit, 2001 WL 1260840 (Cal.App. 4 Dist., Oct. 19, 2001). A client retained an attorney to sue the lawyers who had handled his breach of warranty case. The legal malpractice case was dismissed because of the client's failure to comply with court orders, including an order to return the legal files he had been accused of stealing.

This newsletter has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.