The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - April 2017

April 10, 2017

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Attorney-Client Privilege – Invoices to Public Entity Client – Ongoing Litigation

Los Angeles Cty. Bd. of Supervisors v. Superior Court, 2 Cal. 5th 282, 386 P.3d 773 (2016)

Risk Management Issue: May a law firm's invoices to a public entity client be protected from disclosure as privileged notwithstanding a statutory public records disclosure requirement?

Conflicts of Interest – Rule 1.7 Conflict of Interest: Current Clients

Lanard Toys Ltd. v. Dolgencorp LLC, No. 3:15-cv-849-J-34PDB, slip op. (M.D. Fla. Dec. 16, 2016)

Risk Management Issue: When a law firm has inadvertently undertaken representation posing a conflict of interest, what steps should be taken to mitigate the conflict, comply with ethical obligations, and prevent disqualification in the matter giving rise to the conflict?

Representing Constituents of Entity Clients – Suing for Fees – Legal Malpractice Counterclaims by Non-Client Entities

Exeter Law Group LLP v Wong, 2016 NY Slip Op 32425(U), 12/9/2016, Supreme Court, New York County

Risk Management Issue: To what extent may an ambiguous engagement agreement with the constituents of an entity client expose lawyers to malpractice and fiduciary breach claims by the non-client entity?

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

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.