The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - May 2013 Edition

Download or read the complete newsletter here: The Lawyers' Lawyer Newsletter - May 2013 

• Conflicts of Interest – Advance Waivers – Sufficiency of Disclosure – Who Is a “Sophisticated Client”
• Legal Fees – Suing for Fees – Engagement Letters – Account Stated 
• Regulation of Advertising – Meaning of Confidential Information – “Blogging” About Client Matters – Need for Client Consent

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Conflicts of Interest – Advance Waivers – Sufficiency of Disclosure – Who Is a “Sophisticated Client”

Galderma Laboratories, L.P. v. Actavis Mid Atlantic LLC (N.D. Tex. Feb. 21, 2013)

Risk Management Issue: When are advance waivers of conflicts of interest valid and binding on clients, and what are the requirements that lawyers must meet in order for them to be enforceable?

Legal Fees – Suing for Fees – Engagement Letters – Account Stated​
Pryor Cashman LLP v. U.S. Coal Corporation, 651908/11, NYLJ 1202588022493, at *1 (Sup. Ct. N.Y. Feb. 4, 2013)

Risk Management Issues: Are engagement letters enforceable if not countersigned by the client? Is a client’s failure to make a timely objection to a lawyer’s bill a sound basis for suing the client for fees?

Regulation of Advertising – Meaning of Confidential Information – “Blogging” About Client Matters – Need for Client Consent

Hunter v. Virginia State Bar, Ex Rel. Third District Committee, --- S.E.2d ---, 2013 WL 749494 (Va. Feb. 28, 2013).

Risk Management Issue: May a lawyer write a blog post discussing public information relating to a client without the client’s consent? If a lawyer blogs about cases he won, is this regulated attorney advertising requiring a disclaimer?

Download or read the complete newsletter here: The Lawyers' Lawyer Newsletter - May 2013

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.