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

May 17, 2017

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Fee Splitting – Enforcement of Undisclosed Agreements – Need for Specificity

Marin v. Constitution Realty, LLC, 2017 N.Y. Slip. Op. 01019, 2017 WL 521504

Risk Management Issue: Is an attorney fee-splitting agreement that is undisclosed to the client nevertheless enforceable?

Client Intake – Due Diligence – Liability to Parties Other than Client – Holding Funds in Trust

P&P Property Ltd. V. Owen White & Catlin LLP, et al. 2016 WL 05484797 (English High Ct. of Justice, Chancery Div. 2016)

Risk Management Issues: What steps should a law firm take to confirm the identity of a new client and the details of the underlying transaction? How can the law firm protect itself from liability to other parties in the transaction when the client or the transaction turns out to be fraudulent?

Confidentiality – Withdrawal for Nonpayment of Fees in Civil Litigation

The Opinion: ABA Formal Opinion 476

Risk Management Issue: What steps are required of a lawyer, when moving to withdraw under Rule 1.16 for nonpayment of fees, to comply with the Rule 1.6 duty of confidentiality?

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.