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Monday, April 20, 2009

Lawyer Owes Ethics Duty to Non-Client

Lawyer Owes Ethics Duty to Non-Client

Hat tip to the blog The Ethical Quandary for pointing out this potential ethical pitfall. The D.C. Bar Legal Ethics Committee has issued an opinion finding that a lawyer owes a duty to maintain the confidences of someone who never hired him and never spoke to him. Here is the scenario as set out in the opinion:

A would-be client comes to Lawyer A to speak with her about taking on his case. After listening to the prospective client's story, Lawyer A determines that she is not in a position to be of assistance. However, Lawyer A believes that a different lawyer would be better suited to meet the prospective client's needs. Lawyer A asks the prospective client whether he would like her to call Lawyer B on his behalf to discuss the possibility of Lawyer B taking on the representation, and the prospective client says "yes." Lawyer A calls Lawyer B, who works at a different firm, and explains the person's predicament. After hearing the story from Lawyer A, Lawyer B determines that he has a conflict of interest and cannot represent the person.

Based on those facts, the question for the ethics committee was whether Lawyer B had a duty to safeguard the client information relayed by Lawyer A. Here is how the bar answered:

When a prospective client consents to having a lawyer speak to a second lawyer on his behalf regarding the possibility of establishing an attorney-client relationship, the second lawyer has an obligation under Rules 1.6 and 1.18 to treat the communication as confidential, even if the second lawyer never speaks directly with the prospective client.

Given the importance of maintaining confidentiality of any information received by the first lawyer, it is advisable that the first lawyer disclose at the outset of the conversation with the second lawyer that the purpose of the discussion is to consider taking on a new case for someone, and to limit initial disclosures to the essential facts until it can be determined whether the second lawyer has a conflict of interest.

The decision is based on D.C. rules that track the ABA model rules. So next time a colleague calls to ask about a potential referral, consider the implications of this opinion.

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Posted by Robert J. Ambrogi on April 20, 2009


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Saludos
Rodrigo González Fernández
Diplomado en RSE de la ONU
 
www.consultajuridica.blogspot.com
www.el-observatorio-politico.blogspot.com
www.lobbyingchile.blogspot.com
www.biocombustibles.blogspot.com
www.calentamientoglobalchile.blogspot.com
www.respsoem.blogspot.com
oficina: Renato Sánchez 3586 of. 10
Teléfono: OF .02-  8854223- CEL: 76850061
e-mail: rogofe47@mi.cl
Santiago- Chile
Soliciten nuestros cursos de capacitación  y consultoría en LIDERAZGO -  GESTION DEL CONOCIMIENTO - RESPONSABILIDAD SOCIAL EMPRESARIAL – LOBBY – BIOCOMBUSTIBLES  ,  asesorías a nivel nacional e  internacional y están disponibles  para OTEC Y OTIC en Chile

The Things Lawyers Do to Get Disbarred

The Things Lawyers Do to Get Disbarred

I am an unabashed fan of Legal Profession Blog for its never-ceases-to-amaze chronicles of lawyer discipline from around the country. It's not that I take some perverse joy in seeing lawyers get disciplined -- I don't. It is just that I find so many of the stories of what led to the discipline to be right out of the legal-affairs edition of "Believe it or Not." I mean, aren't lawyers supposed to be smart? Consider these two recent examples:

Drunk drag racing results in death, bar resignation. This Oklahoma lawyer resigned from the bar after his foolish prank ended up killing his law partner. Here is an excerpt from the Oklahoma Supreme Court opinion accepting the resignation: "The charges in Tulsa County District Court Case No. CF-2008-1108, stemmed from occurrences on December 22, 2007, when Respondent was drag racing another vehicle on a public road while under the influence of alcohol. The Information in the criminal case sets out that the driver of the other vehicle swerved into Respondent's lane, Respondent lost control of his vehicle and it struck a third vehicle. As a result of the collision a passenger in Respondent's car was killed and two other people were injured."

Disbarment for bank robbery. This was no sophisticated bank fraud, but a good old-fashioned robbery: "On March 27, 2007, respondent entered the bank and requested to open a new account and rent a safety deposit box. After respondent waited a few moments for assistance, a bank employee took him into the vault to see the safety deposit boxes. Once in the vault, respondent revealed a handgun in a holster under his suit jacket and ordered the employee to open the bank's safe. He then removed the currency from the safe and fled the bank." In ordering the lawyer's permanent disbarment, the Louisiana Supreme Court noted that the lawyer had confessed to committing "a string of bank robberies."

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Posted by Robert J. Ambrogi on April 20, 2009


Difundan este artículo
CONSULTEN, OPINEN , ESCRIBAN LIBREMENTE
Saludos
Rodrigo González Fernández
Diplomado en RSE de la ONU
 
www.consultajuridica.blogspot.com
www.el-observatorio-politico.blogspot.com
www.lobbyingchile.blogspot.com
www.biocombustibles.blogspot.com
www.calentamientoglobalchile.blogspot.com
www.respsoem.blogspot.com
oficina: Renato Sánchez 3586 of. 10
Teléfono: OF .02-  8854223- CEL: 76850061
e-mail: rogofe47@mi.cl
Santiago- Chile
Soliciten nuestros cursos de capacitación  y consultoría en LIDERAZGO -  GESTION DEL CONOCIMIENTO - RESPONSABILIDAD SOCIAL EMPRESARIAL – LOBBY – BIOCOMBUSTIBLES  ,  asesorías a nivel nacional e  internacional y están disponibles  para OTEC Y OTIC en Chile