Show me the offer; when opposing counsel suggests mediation, your client needs to know
Article Abstract:
The decision whether to tell a client about a mediation suggestion by the opposing side implicates a number of ethics rules. ABA Model Rule 1.2(a), requiring a lawyer to talk to a client about ways of pursuing the objectives in a matter, and Model Rule 1.4, requiring that a lawyer give a client enough information about a matter that a client can make informed decisions, are two of the rules involved. Pennsylvania Bar Assn Opinion 90-125 spoke out on this matter, stating that a lawyer should keep a client informed of a mediation proposal.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1997
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Extended liability; when do you owe a duty to third parties?
Article Abstract:
Some cases are a reminder that a lawyer's duty of care may apply not just to the client but also to third parties. Lucas v Hamm, a California Supreme Court case, stated that a lawyer drafting a will has a duty of care to all beneficiaries. Bohn v Cody, a Washington Supreme Court case, found a lawyer liable to third parties for financial losses due to legal negligence. The court also stated that lawyers who disclose any information to an unrepresented party must be prepared to give all the information they have about a transaction.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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The name game; how to avoid confusion when selecting a firm name
Article Abstract:
ABA Model Rules of Professional Conduct Rules 7.1 and 7.5 concern the ethical propriety of law firm names and letterheads and generally permit any name that is not false or misleading. Rule 7.5(d) notes that lawyers listed in a firm name are inferred to be partners, so listing associates' names in the firm name is felt to be misleading. Various other provisions concerning of counsel, retired partners and deceased partners are listed in these rules.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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