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The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - February 2017

February 15, 2017

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Joint Representation — Conflicts of Interest — Waiver

Foltz v. Columbia Casualty Company, 2016 WL 4734687 (2016) (W.D. Ok. 2016)

Risk Management Issue: Can client A's waiver, given with informed consent, permitting lawyer to represent client A jointly with client B in the same matter be effective to permit lawyer's continued representation of client B in the future should lawyer no longer represent client A, where such continued representation will or may be adverse to now former client A?

Impaired Lawyers — Partners' Reporting Responsibilities — Duty of Partners and Supervisory Lawyers in a Law Firm When a Lawyer in the Firm Suffers From Significant Impairment

Virginia Legal Ethics Opinion 1886

Risk Management Issue: What steps are required of a supervisory lawyer when she reasonably believes a lawyer under her supervision suffers from age-related or substance-induced impairment?

Technology Security — Protecting Client Funds From Outside Interference

Bile v. RPEMC, 2016 WL 4487864 (E.D. Va., Aug. 24, 2016)

Risk Management Issue: If a lawyer receives a suspicious email regarding the transmission of settlement funds, what steps should she take to protect herself, her client and any others with an interest in the funds? 

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.