ONCALL
...Family Law
......Professional Responsibility
12 Cards On This Topic:
  • 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.