Parent trap; corporate mergers and acquisitions can create conflict of interest
Article Abstract:
Lawyers representing related parties need to beware of conflicts of interest. ABA Model Rule 1.7 forbids attorneys from representation contrary to their clients' interest unless they obtain the consent of both clients. ABA Model Rule 1.9 forbids representation contrary to the interests of a former client on a matter related to the work for the former client without obtaining the former client's consent. In In re Wingspread, a federal district court allowed a law firm to get around a conflict of interest by dropping the first client in order to keep representing the second one.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1993
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It ain't over until ... there's a right way and a wrong way to end client relationships
Article Abstract:
Determinations about the status of an attorney-client relationship can be subjective so attorneys should forestall disciplinary or malpractice charges by memorializing each relationship with an engagement letter detailing terms and by documentation of a relationship's completion. Courts have held that this relationship can be terminated by an express statement, by the lapse of time or by conduct inconsistent with the relationship's continuation.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1993
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