The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - July 2014 Edition

Download or read the complete newsletter here: The Lawyers' Lawyer Newsletter - July 2014

• Employee Separation Agreements – Professional Discipline for Imposing Unethical Restrictions on Departing Lawyers
• Lawyers' Duties Upon Dissolution of Their Law Firm – What Reasonable Steps Should Lawyers Take to Avoid Foreseeable Prejudice to Clients When Law Firm's Dissolve
• Conflict of Interest – Duties to Former Client – the Substantial Relationship Test – Implied Waiver of Right to Seek Disqualification of Counsel 

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Employee Separation Agreements – Professional Discipline for Imposing Unethical Restrictions on Departing Lawyers

In re Truman, 7 N.E.3d 260 (Ind. 2014)

Risk Management Issue: Can firms limit the ability of an associate to solicit or to represent clients when the associate leaves the firm?

Lawyers' Duties Upon Dissolution of Their Law Firm – What Reasonable Steps Should Lawyers Take to Avoid Foreseeable Prejudice to Clients When Law Firm's Dissolve

State Bar of California, Formal Opinion No. 2014-190

Risk Management Issue: What duties do attorneys affiliated with a dissolving law firm owe to a client of the firm if the attorneys will no longer be representing the client upon the firm's dissolution? How do the duties of attorneys differ based on their position at the firm and whether the attorneys have any connection with or knowledge of the client prior to the dissolution of the firm?

Conflict of Interest – Duties to Former Client – the Substantial Relationship Test – Implied Waiver of Right to Seek Disqualification of Counsel

State v. 3M Co., No. A12-1856, A12-1867, 2014 BL 121512 (Minn. Apr. 30, 2014)

Risk Management Issue: Can a lawyer or law firm rely on a former client's alleged implied waiver of a conflict of interest and of its right to seek disqualification of the law firm?

Download or read the complete newsletter here: The Lawyers' Lawyer Newsletter - July 2014

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.