ONCALL
...
Family Law
......Professional Responsibility
14 Cards On This Topic:
Overheated accusations in briefs "cannot be fairly characterized as acts of zealous advocacy."
Firm owed no duty to nonclient 3d parties where there was no "clear, certain and undisputed evidence of [client's] intent" to benefit 3d parties by leaving his estate to them instead of to wife.
Disqualification of counsel is appropriate only where the attorney improperly or inadvertently received information protected by A/C privilege, the information is material, ••and•• its use would prejudice the opposing party.
LLP partner may not continue his malpractice suit against attorney who was hired solely to represent the partnership.
Bank owed Law Firm a duty of care based on special relationship with Firm as intended beneficiary of order directing estate funds be deposited into a blocked account from which withdrawals could only be made "on court order."
Trial court should have denied motion disqualifying opposing counsel, with dual witness/trial counsel role, where client gave informed written consent and no evidence of prejudice to opposing parties or detriment to the judicial process.
Attorney's duty of candor to the court includes the duty to cite controlling legal authority directly adverse to the position of the client and not disclosed by opposing counsel.
A lawsuit brought without probable cause may result in a claim of malicious prosecution.
What are the ethical obligations of a lawyer for a client with diminished capacity?
Ethical obligations when a lawyer or a lawyer in that lawyer’s law firm violates duties to a client as a result of possible mental impairment.
Lawyers must treat all clients with basic professional courtesy.
Duties to a prospective client being interviewed for possible representation versus a current client with whom the prospective client has an adverse relationship.
ABA guidelines for the virtual practice of law
Lawyers' ethical obligations with respect to unauthorized access by others to electronically stored confidential client information.