Beware of beauty contests; proof of an implied attorney-client relationship can disqualify

Article Abstract:

A preliminary interview with a client can lead to a firm's disqualification from a case if an implied attorney-client relationship can be proven. To avoid disqualifying conflicts, the ABA has recommended: use of reasonable procedures to determine possible conflicts of interest, warning clients to divulge only pertinent information, advising clients that preliminary interviews are not confidential and that a waiver of confidentiality is in order, and ensuring that only those firm members who need confidential information have it.

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Suite harmony; protecting client confidentiality while you share space

Article Abstract:

Attorneys who share office space must be careful to avoid conflicts of interest if they end up on opposite sides of a case. The courts and state bar associations are divided on whether it is ethical for office-sharing attorneys to represent opposing litigants. The Nebraska State Bar offers some sound guidelines to follow: advise employees of the representation, do not allow secretaries to work on both sides of the case, allow no common access to files or computerized data, and obtain each client's consent to the representation.

Prevention

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Risky business; neither a borrower nor a lender be - when it comes to clients

Article Abstract:

Disciplinary boards and courts presume that lawyer-client business relationships are inherently unfair because of the lawyer's disproportionate influence over the client. The lawyer has the burden of proving otherwise. Even very sophisticated clients do not have a duty to recognize the conflict of interest in this relationship. Actual harm is not necessary for an ethical violation to exist. ABA Model Rule 1.8(a) covers this situation.

Standards

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