Anthony Davis Discusses Lessons from Recent Conflict of Interest Cases
In The News | 1 min read
Jan 9, 2019
Anthony Davis' most recent authored article in his regular Professional Responsibility column in the New York Law Journal is titled "Some Lessons from Recent Conflicts Cases." Although the cases were decided by courts outside New York, the article shows how they have relevance and significance for New York lawyers.
Davis begins his analysis with the most important decision in this area: Shepherd, Mullin, Richter & Hampton v. J-M Manufacturing Co., 6 Cal. 5th 59 (2018). He notes that this case has several important lessons:
- Advance waivers of potential future conflicts are permissible in appropriate circumstances, subject to compliance with applicable rules of professional conduct.
- Client sophistication may be considered in determining whether its consent is informed.
- An advance waiver can never be used to support the argument the client had given informed consent when the conflict actually existed, but had not been explicitly disclosed at the time of the conflicting engagement.
The other cases Davis discusses deal with the "hot potato" doctrine and illustrate the importance of clearly articulating the scope of a representation in an engagement letter and timely drafting and sending termination letters closing the file and ending the representation.
Read the full article (PDF)
Read "Some Lessons from Recent Conflicts Cases" on the New York Law Journal website (subscription may be required)
Featured Insights

Event
Mar 3 – 5, 2026
25th Annual Legal Malpractice & Risk Management (LMRM) Conference

Press Release
Feb 13, 2026
Hinshaw Team Wins Appeal in Criminal Indictment of Waukegan City Clerk Janet Kilkelly

Press Release
Feb 10, 2026
Hinshaw Trial Team Secures $0 Defense Verdict in $15 Million Auto Accident Trial

Press Release
Feb 4, 2026
Hinshaw Celebrates 17 Consecutive Years of Being Named an Equality 100 Award Winner

Press Release
Feb 5, 2026
Hinshaw Legal Team Secures Directed Verdict in Florida Equine Fraud Case

Press Release
Feb 2, 2026
Hinshaw Welcomes 16 Attorneys in Seven Offices and Announces Opening of a Cleveland Office

Press Release
Jan 20, 2026
Hinshaw Attorneys Named to the LCLD 2026 Fellowship Class and 2026 Pathfinder Program

Press Release
Jan 15, 2026
Hinshaw Client Secures a Complete Jury Verdict in Fraudulent Misrepresentation Horse Sale Case

Press Release
Jan 6, 2026
Hinshaw Adds Four-Member Consumer Financial Services Team in DC and Florida



