MS: When Does the Clock Start to Tick?
Bennett v. Hill-Boren, P.C., 52 So. 3d 364 (Miss. 2011). Facts: Plaintiff sued former attorney for malpractice. Attorney argued that the statute of limitations had expired and plaintiffs’ claim should ...
CA: Interpreting the Continuous Representation Doctrine
Laclette v. Galindo, 184 Cal. App. 4th 919 (2010). Facts: The trial court retained jurisdiction after the underlying matter was settled to monitor compliance with the settlement agreement. During this ...
NE: Attorneys Owe A Duty to Direct Beneficiaries
Perez v. Stern, 777 N.W.2d 545 (Neb. 2010). Facts: Plaintiff, Guido, was the personal representative of Martinez. In that capacity, she pursued a wrongful death claim on behalf of his ...
RLGL §122 Client Consent to a Conflict of Interest
Restatement of the Law Governing Lawyers (ALI, 2000) § 122. Client Consent to a Conflict of Interest (1) A lawyer may represent a client notwithstanding a conflict of interest prohibited ...
RLGL §§ 123-124 Imputation of Conflicts and Removing Imputations
Restatement of the Law Governing Lawyers (ALI, 2000) § 123. Imputation of a Conflict of Interest to an Affiliated Lawyer Unless all affected clients consent to the representation under the ...
RLGL §§44-46 Client Property: Safeguarding, Segregating and Surrendering
Restatement of the Law Governing Lawyers (ALI, 2000) § 44. Safeguarding and Segregating Property (1) A lawyer holding funds or other property of a client in connection with a representation, ...
RLGL §§61-67: Using or Disclosing Confidential Information from Prospective Clients
Restatement of the Law Governing Lawyers (ALI, 2000) § 61. Using of Disclosing Information to Advance Client Interests A lawyer may use or disclose confidential client information when the lawyer ...
RLGL §15 A Lawyer's Duties to Prospective Client
Restatement of the Law Governing Lawyers (ALI, 2000) § 15. A Lawyer’s Duties to a Prospective Client (1) When a person discusses with a lawyer the possibility of their forming ...
IL: Suicide as a Proximate Cause of Lawyer Malpractice? No Way!
Cleveland v. Rotman, 297 F. 3d 569 (7th Cir. 2002) IL: Underlying tax advice Student Contributor: Clem Durham Facts: In 1996 Cleveland retained Rotman for advice in resolving the tax ...
IL: Lawyer Duty of Care to Adversaries–Privity No Bar to Liability
Greycas, Inc. v. Proud, 826 F. 2d 1560 (7th Cir. 1987) Underlying loan transaction–duty to adversary Student Contributor: Clem Durham Facts: Theodore S. Proud, Jr., a member of the Illinois ...