The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - March 2016

March 24, 2016

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Motion to Withdraw — Meaning of Requirement to "Diligently Attempt" to Locate the Client

Caveman Foods, LLC v. Ann Payne's Caveman Foods, LLC, Civ. No. 2:12-1112 WBS DAD

Risk Management Issue: When a lawyer or law firm wants to withdraw from an engagement in a matter involving litigation, what constitutes a "diligent attempt" to locate a client?

Scope of Duty to Protect Client and Trust Accounts from Hacking

North Carolina State Bar 2015 Formal Ethics Opinion 6 (October 23, 2015)

Risk Management Issue: What are lawyers' ethical obligations to protect client funds from misappropriation resulting from a third party hacking into the lawyer's system, and under what circumstances do lawyers have a duty to replace those funds?

Enforceability of Restraints on the Practice of Law in Attorney Employment Contracts — Penalties for Competition — Application of the Rules of Professional Conduct and Public Policy

Moskowitz v. Jacobson Holman, PLLC, 2015 WL 4255100 (E.D. Va.)

Risk Management Issue: How do ethical rules prohibiting agreements that directly or indirectly restrict an attorney's right to practice law affect the enforceability of contracts between partners and associates and their law firms that
violate these rules?

Download or read the complete newsletter here: The Lawyers' Lawyer Newsletter

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.