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

August 17, 2017

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Advising Clients Regarding Potentially Criminal Conduct – Assisting Clients in Connection with the Medical or Recreational Marijuana Industry

Rhode Island Ethics Advisory Panel Op. 2017-01

Risk Management Issue: In a state that has legalized marijuana, notwithstanding the federal Controlled Substances Act, how far are lawyers permitted to go when asked to advise a client in connection with the marijuana industry?

Duty of Confidentiality – Marketing – Revealing the Identity of Current and Former Clients

Wisconsin Formal Ethics Opinion EF-17-02

Risk Management Issue: Is it permissible to disclose the identity of a client for purposes of marketing the lawyer’s or law firm’s practices if the disclosure is harmless, or if the identity of the client is already a matter of public record?

Attorney-Client Privilege – Waiver – Inadvertent Disclosure by Third Party – Disqualification for Use of Inadvertently Disclosed Privileged Information

McDermott Will & Emery LLP v. The Superior Court, 10 Cal. App. 5th 1083 (2017)

Risk Management Issue: What are the obligations of an attorney who receives information inadvertently disclosed, which is later held to be attorney-client privileged, when the attorney reasonably believed that the privilege holder waived the privilege?

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.