The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - August 2011 Edition
Lawyers' Lawyer Newsletter | 1 min read
Aug 31, 2011
- Attorney-Client Privilege—Electronic Communications
- Inadvertently or Improperly Received Communications—Use of Wrongfully Procured Documentary Evidence
- Termination of Engagements—Need for Disengagement Letter to Commence Limitations Period
- Former Client—Meaning and Scope of Duty of Loyalty
Attorney-Client Privilege—Electronic Communications
Holmes v. Petrovich Development Company, LLC, 2011 WL 117230 (Cal. App. 3d Dist. Jan. 13, 2011)
Risk Management Issue: How should lawyers address the problem that communications sent from their clients’ employer-provided e-mail addresses, or communications originating from employer-provided technology, may not be protected by the attorney-client privilege?
Inadvertently or Improperly Received Communications—Use of Wrongfully Procured Documentary Evidence
White v. Withers LLP and Marcus Dearle, [2009] EWCA Civ 1122 (27 Oct. 2009)
Risk Management Issue: What are the duties of lawyers who receive documents from their clients which the client has (or may have) obtained improperly?
Termination of Engagements—Need for Disengagement Letter to Commence Limitations Period
Hipple v. McFadden, No. 398028II, 2011 WL 1653194 (Wash. Ct. App. Apr. 28, 2011)
Risk Management Issue: What actions must a law firm take in order to ensure that representation of a client has been terminated, in order for the statute of limitations on potential malpractice claims to begin to run?
Former Client—Meaning and Scope of Duty of Loyalty
Oasis West Realty LLC v. Goldman, 51 Cal. 4th 811 (2011)
Risk Management Issue: What policies and procedures are required if law firms are to avoid breaches of the duty of loyalty to former clients?
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.
Featured Insights

Privacy, Cyber & AI Decoded Alert
Jun 5, 2026
AI Governance Expectations on the Rise for Insurers Amid New Regulatory Activity

Press Release
Jun 4, 2026
Hinshaw Recognized Nationally in 2026 Chambers USA Directory

In The News
Jun 3, 2026
Scott Seaman Discusses Wrongful-Death and Survival Actions Handbook on IICLE Podcast

Press Release
Jun 2, 2026
Palma Yanni Honored With 2026 Achievement Award by Mount Holyoke College

In The News
Jun 2, 2026
Jason Rosen Explores the Opportunities and Uncertainties of Florida’s New Series LLC Law

Hinshaw Alert
Jun 1, 2026
SCOTUS Clears Road to Negligent Hiring, Selection Against Freight Brokers

Insights for Employers Alert
May 29, 2026
USCIS Policy Update: New Adjustment of Status Guidance Impacting Employers and Individuals

Press Release
May 28, 2026
Hinshaw Adds Former General Counsel as a Commercial Transactions Partner in Miami




