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Multiple Client Representation – Aggregate Settlements – Required Disclosure for Valid Client Consent
Waggoner v. Williamson, 8 So. 3d 147 (Miss. 2009)
Risk Management Issue: What is the scope of a lawyer’s disclosure obligations when representing multiple clients in related matters that may result in an aggregate settlement?
Duty to Protect Confidential Information – Duty to Keep Client Informed of Developments Relating to Representation – Resolution of Conflict Between Duties Owed to Different Clients Regarding the Same Information
Romano v. Ficchi, 2009 WL 1460781 (N.Y. Sup. Ct. 2009)
Risk Management Issue: What are the duties of a lawyer when he learns a fact in connection with the representation of a client that, although confi dential in connection with that engagement, may be material to the lawyer’s representation of a second client in an entirely separate and distinct matter?
Duties to Former Clients – Conflicts of Interest Between Current and Former Clients – Liability for Malpractice for Breach of Duties to Former Client
Shu v. Butensky, 2009 WL 417265 (N.J. Super. Ct. App. Div. 2009)
Risk Management Issue: If a lawyer represents a new client in a matter adverse to a former client, does the lawyer owe continuing duties of care to the former client during the engagement for the new client?
Duty to Non-Clients – Liability for Error in Advice to Prospective Clients Under Negligent Misrepresentation Theory
Steele v. Allen, 2009 WL 399992 (Colo. Ct. App. 2009)
Risk Management Issue: When communicating with prospective clients, what precautions are necessary if lawyers are to avoid incurring liability for preliminary advice given during the course of such communications if no attorney-client relationship is thereafter established?
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. |