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

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

• Conflicts of Interest – Advance Waivers
• In-Firm Privilege – Requirements for Creation of Attorney-Client Privilege for Communications With Law Firm General Counsel
• Inadvertently Received Privileged Documents – Applicable Law and Rules When Documents Come From Third Party – Operation of Crime/Fraud Exception

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Conflicts of Interest – Advance Waivers

Macy's Inc., v J.C. Penny Corporation, Inc., 2013 N.Y. App. Div. LEXIS 4798; 2013 NY Slip Op 4891 (June 27, 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

In-Firm Privilege – Requirements for Creation of Attorney-Client Privilege for Communications With Law Firm General Counsel

RFF Family Partnership, LP v. Burns & Levinson, LLP – 465 Mass. 702 (July 10, 2013) and St. Simmons Waterfront, LLC v. Hunter, Maclean, Exley & Dunn, --- S.E.2d ---, 2013 WL 3475328 (Ga. July 11, 2013)

Risk Management Issue: What are the requirements for establishing attorney-client privilege for in-firm communications between law firm attorneys and a law firm's in-house counsel in connection with matters relating to a client after wrong-doing is alleged?

Inadvertently Received Privileged Documents – Applicable Law and Rules When Documents Come From Third Party – Operation of Crime/Fraud Exception

State Bar of California Formal Opinion 2013-188

Risk Management Issue: When an attorney receives from a nonparty a confidential written communication between opposing counsel and opposing counsel's client, the receiving lawyer is subject to the same ethical obligations as if he or she received an inadvertently produced document in discovery. This obligation applies even where the attorney believes that the communication may not be privileged because of the crime-fraud exception to the attorney-client privilege.

Download or read the complete newsletter here: The Lawyers' Lawyer Newsletter - September 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.