The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - August 2016

August 11, 2016

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Joint Clients — Confidentiality — Right to See Clients' File

New York State Bar Association Committee on Professional Ethics Opinion 1070 (10/9/15)

Risk Management Issue: In a joint client representation, if one co-client requests a copy of the client file from the lawyer and directs the lawyer not to disclose the request to the other co-clients, may the lawyer provide the requested client file without advising the other co-clients?

Statements by Lawyer Relating to Investments — Liability to Third Parties for Negligent Misrepresentation

Chanin, et al. v. Machcinski, et al., 139 A.D.3d 490 (2016)

Risk Management Issue: Is a lawyer liable for representations made by the lawyer to a third-party investor who relies on the representations, thereby losing his investment?

Receipt of Third or Opposing Parties' Confidential Information Deliberately (and Not Inadvertently) Provided — The Receiving Lawyer's Duties

In Re: Joel B. Eisenstein, 2016 SC95331 Mo.

Risk Management Issue: What are the risks when lawyers receive a third party's confidential information that is delivered deliberately and not inadvertently?

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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.