Unfair advantage
Article Abstract:
A consensus is developing in the legal community that sexual relations with clients must be prohibited. Divorce lawyers are the ones most frequently charged with sexual misconduct, and the ethical standards of the American Academy of Matrimonial Lawyers urge that a lawyers never have sexual relations with a client while employed by them. One of the key dangers of lawyer-client sexual relationships is the conflict-of-interest potential, since personal rather than professional motives can guide the representation.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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Grave responsibilities; a solo practitioner's death shouldn't leave clients in the lurch
Article Abstract:
The ABA Standing Committee on Ethics and Professional Responsibility has concluded in Formal Opinion 92-369 that sole practitioners must have contingency plans to make sure clients' legal needs are not neglected in the event of the lawyer's death. The roots of this opinion are the competence and diligence duties of Model Rules 1.1 and 1.3. This plan should name another lawyer with the authority to go through the files and determine which need immediate attention as well as notifying others of the lawyer's death.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1993
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Return to sender; what are your duties when you receive confidential documents by accident?
Article Abstract:
The ABA Standing Committee on Ethics and Professional Responsibility has ruled in Formal Opinion 92-368 that an attorney who accidentally receives confidential documents cannot examine them but must notify the sender and abide by that lawyer's instructions. Some authorities have argued that an attorney in this situation has no legal or ethical duty to send back the documents.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1993
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- Abstracts: Checking up on charities; donating to needy organizations should be a feel-good, so get the facts first. Safe harbor over time
- Abstracts: The arbitration clause as class action shield. When should a confidentiality agreement contain a time limit?
- Abstracts: Gifts made under a durable power of attorney were held includable in estate. Gifts made under a durable power of attorney are ruled revocable
- Abstracts: Despite prior ruling, Service states that loan guarantee was not taxable gift. Settlement in estate dispute held not to be taxable income
- Abstracts: Courtroom cameras face new scrutiny; critics say Simpson case should not be televised. A childhood tragedy vexes courts; case of 9-year-old accused killer remanded for decision on adult trial