Parent trap; corporate mergers and acquisitions can create conflict of interest

Article Abstract:

Lawyers representing related parties need to beware of conflicts of interest. ABA Model Rule 1.7 forbids attorneys from representation contrary to their clients' interest unless they obtain the consent of both clients. ABA Model Rule 1.9 forbids representation contrary to the interests of a former client on a matter related to the work for the former client without obtaining the former client's consent. In In re Wingspread, a federal district court allowed a law firm to get around a conflict of interest by dropping the first client in order to keep representing the second one.

Prevention, Conflict of interests (Attorneys), Conflicts of interest (Lawyers)

---

It ain't over until ... there's a right way and a wrong way to end client relationships

Article Abstract:

Determinations about the status of an attorney-client relationship can be subjective so attorneys should forestall disciplinary or malpractice charges by memorializing each relationship with an engagement letter detailing terms and by documentation of a relationship's completion. Courts have held that this relationship can be terminated by an express statement, by the lapse of time or by conduct inconsistent with the relationship's continuation.

Laws, regulations and rules, Practice of law, Attorney and client

---

Similar abstracts:

• Abstracts: Way over the client limit; out-of-state lawyers who angle for business can face sanctions, loss of fees. Keep an eye on 'em; associates may be getting big bucks, but they still require supervision
• Abstracts: Barr new Attorney General; former deputy A.G. questioned about policies of predecessor, abortion. Reno called tough, honest; AG nominee supports diversion for nonviolent offenders, children's issues
• Abstracts: Now that it's over; winners and losers in the confirmation process. Where was the crucible? The cross-examination that wasn't
• Abstracts: New strategy in battering cases: about a third of jurisdictions prosecute even without victim's testimony. Jury deadlocks in Oswald mock trial; verdict based on "testimony" of actor-witnesses elicited by real-life lawyers
• Abstracts: Grave responsibilities; a solo practitioner's death shouldn't leave clients in the lurch. Unfair advantage

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.