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

Webinar
Aug 5, 2026
April Toy Moderates HNBA Webinar on AI in the Practice of Law

Privacy, Cyber & AI Decoded Alert
Aug 5, 2026
2026 AI Compliance: Upcoming Laws Every Organization Needs to Know

Press Release
July 21, 2026 | Updated on August 4, 2026
Three Hinshaw Attorneys Named to the 2026 National Black Lawyers’ Top 40 Under 40 List

Healthcare Alert
Aug 3, 2026
Fixing the Emergency Refill Trap: What California’s AB 1587 Means for Pharmacies

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jul 30, 2026
Should Text Messages be Considered “Calls” Under the TCPA? The Seventh Circuit Says No

Healthcare Alert
Jul 30, 2026
California Courts Sharply Curtail the MICRA Damages Cap in Nursing Home Litigation

Insights for Insurers Alert
Jul 30, 2026
Analyzing a Couple of Cases Involving Exclusions in D&O Policies

In The News
Jul 29, 2026
Hinshaw Authors Contribute Two Articles in Latest Edition of the CCFL Quarterly Report

Webinar
Jul 28, 2026
Cathy Mulrow-Peattie and Sabrina Janeiro Present on Legal AI Technology

In The News
Jul 27, 2026
Scott Seaman Discusses How the Insurance Industry Contributed to the 2026 FIFA World Cup

Privacy, Cyber & AI Decoded Alert
Jul 27, 2026
Compliance Guidance for the New Vermont Data Privacy and Online Surveillance Act (VDPOSA)

