The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - February 2010 Edition
Lawyers' Lawyer Newsletter | 2 min read
Feb 26, 2010
- Contingency Fee Agreements – Modification
- Fee Agreements – Reference to Separate ‘Master Retainer’ Schedule, Available But Not Provided to the Client, Not Binding on Client in Fee Dispute
- Outsourcing Legal Services – Ethical Rules Require Informed Consent, Firm Supervision, and Reasonable Fees for Legal and Non-Legal Resources
- E-mails – Use of Employer Provided Addresses and Technology – (Loss of) Attorney-Client Privilege
Contingency Fee Agreements – Modification
Weiner v. Burr, Pease & Kurtz, P.C., 221 P.3d 1 (Alaska 2009)
Risk Management Issue: How may firms modify fee arrangements, and what are the pitfalls of doing so?
Fee Agreements – Reference to Separate ‘Master Retainer’ Schedule, Available But Not Provided to the Client, Not Binding on Client in Fee Dispute
Alpert, Goldberg, Butler, Norton & Weiss, P.C. v Quinn, 983 A.2d 604 (N.J.Super. A.D., November 24, 2009)
Risk Management Issue: May law firms sidestep the ethical rules and fiduciary obligations governing fee arrangements with clients by placing the terms and details in a separate writing, such as a “statement of standard billing practices and policies,” which is either provided to or available on request by the affected client?
Outsourcing Legal Services – Ethical Rules Require Informed Consent, Firm Supervision, and Reasonable Fees for Legal and Non-Legal Resources
Ohio Supreme Court Bd. of Commissioners on Grievance and Discipline, Opinion 2009-9 (Dec. 4, 2009)
Risk Management Issue: What are the ethical duties of a law firm regarding outsourcing legal services, and what steps do law firms need to take to comply with those duties?
E-mails – Use of Employer Provided Addresses and Technology – (Loss of) Attorney-Client Privilege
Leor Exploration & Production LLC et al. v. Aguiar, Nos. 09-60136 and 09-60683, S.D.Florida, 2009 WL 3097207 (Sept. 23, 2009)
Convertino v. U.S. Department of Justice, No. 04-0236 (RCL), D.D.C., 2009 WL 4716034 (Dec. 10, 2009)
Stengart v. Loving Care Agency, Inc., 973 A.2d 390 (N.J.Super.A.D., June 26, 2009)
Risk Management Issue: How should lawyers address the problem that e-mails sent from their clients’ employer-provided e-mail addresses, or communications from clients who use their employer-provided technology to communicate, may not be attorney-client privileged communications?
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.
Featured Insights

In The News
Aug 24, 2026
David Schultz Reviews a Humorous—But Important—FDCPA Procedural Ruling

Press Release
Aug 20, 2026
115 Hinshaw Lawyers Recognized in 2027 Editions of The Best Lawyers in America® and Ones to Watch®

Press Release
Aug 20, 2026
Hinshaw’s Landmark Tower Client Project Receives 2026 Top Projects Award

Press Release
Aug 19, 2026
Fernando Rivera-Maissonet Elected as HNBA Region II Governor and Board of Governors Member

Employment Law Observer
Aug 17, 2026
Massachusetts’ First Paid Family Medical Leave Act Verdict Yields $4.75 Million Award

Press Release
Aug 13, 2026
Lauren Campisi Recognized as a 2026 BTI Client Service All-Star by BTI Consulting Group

Consumer Crossroads: Where Financial Services and Litigation Intersect
Aug 13, 2026
How Will Banks Be Impacted by the Proposed Regulation O Amendments?

Press Release
Aug 12, 2026
William Cook Honored With the Distinguished Service Award by the Chicago Bar Association

Webinar
Aug 12, 2026
John Ryan Presents on "Understanding what is Covered Under the TCPA Today"

In The News
Aug 12, 2026
Scott Seaman Analyzes California’s New Pleading Standards for Excess Insurance Policy Claims


