The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - October 2010 Edition

• TRICK OR TREAT! Disgorgement – The Scary Consequences of Failing to Conduct a Reasonable Investigation Into the Source of Fees 
• TRICK OR TREAT! Man-Handling a Lateral 
• TRICK OR TREAT! Conflicts of Interest From Beyond – Inappropriate Relationship With Spirit Leads to Disciplinary Scrutiny
• TRICK OR TREAT! No Treat Here – Judge Orders Client Who Engaged in Spoliation to Pay Up or Go to Jail

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TRICK OR TREAT! Disgorgement – The Scary Consequences of Failing to Conduct a Reasonable Investigation Into the Source of Fees

F.T.C. v. Network Services Depot, Inc., ___F.3d ___, 2010 WL 3211724 (9th Cir. 2010)

Risk Management Issue: What are the consequences of a failure to investigate the source of funds needed to pay attorney fees when the lawyer is aware of facts that cast doubt on the client’s right to use the funds to pay the fees?

TRICK OR TREAT! Man-Handling a Lateral

Eggleston v. Bisnar / Chase LLP, Case No. 30-2010 00404255 (Super. Ct. Orange County, Cal.)

Risk Management Issue: While integrating lateral attorneys is important, is it possible to go too far?

TRICK OR TREAT! Conflicts of Interest From Beyond – Inappropriate Relationship With Spirit Leads to Disciplinary Scrutiny

In Re Johnson, Respondent, Member of the State Bar of Arizona, No. 09-0717

Risk Management Issue: How can a lawyer better recognize and avoid the tangled web of a self-interest conflict?

TRICK OR TREAT! No Treat Here – Judge Orders Client Who Engaged in Spoliation to Pay Up or Go to Jail

Victor Stanley, Inc. v. Creative Pipe, Inc., 2010 WL 3530097 “Victor Stanley II” (D. Md. Sept. 9, 2010)

Risk Management Issue: How far must lawyers go to obtain their clients’ compliance with the requirements to preserve and produce electronically stored information?

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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.