Recent Blog Posts
When Does a Lawyer Have a Conflict of Interest?
As we discussed in a previous post, a conflict of interest exists when a lawyer’s duty to a client would require the lawyer to take action that is contrary to or would prejudice to the interests of the lawyer, another client, or someone else to whom the lawyer owes a specific type of legal duty…. Read More »
What is a Legal Conflict of Interest?
WHAT IS A CONFLICT OF INTEREST? In the context of lawyers and legal relationships, a conflict of interest exists when a lawyer’s duty to a client would require the lawyer to take action that is contrary to or would prejudice to the interests of the lawyer, another client, or someone else to whom the… Read More »
Can My Old Lawyer Refuse to Give My File to My New Lawyer?
NO. LAWYERS MUST RELEASE THE CLIENT’S FILE PROMPTLY, UPON REQUEST Attorneys have a legal duty to release the client’s file (at the client’s request) upon termination of the attorney-client relationship, regardless of the reason for termination. The lawyer must release “all materials and property” belonging to the client (including electronic files), and must release them… Read More »
When Your Lawyer Quits: Substitution of and Cooperation With New Counsel
This post is part of an ongoing series about the obligations lawyers have when terminating (quitting) representation of a client. To start from the original post, click here (the post will open in a new window). LAWYERS HAVE A DUTY TO SIGN SUBSTITUTION OF COUNSEL FORMS WHEN REQUESTED OR NECESSARY Whenever a client… Read More »
When Your Lawyer Quits: Returning Unearned Legal Fees
This post is part of an ongoing series about the obligations lawyers have when terminating (quitting) representation of a client. To start from the original post, click here (the post will open in a new window). WHEN A LAWYER QUITS OR IS FIRED, UNEARNED FEES MUST BE RETURNED TO THE FORMER CLIENT When… Read More »
When Your Lawyer Quits: Protecting Confidential Information
This post is part of an ongoing series about the obligations lawyers have when terminating (quitting) representation of a client. To start from the original post, click here (the post will open in a new window). EVEN AFTER TERMINATING THE ATTORNEY-CLIENT RELATIONSHIP, A LAWYER MUST MAINTAIN THE CONFIDENTIALITY OF THE CLIENT’S CONFIDENTIAL INFORMATION It’s… Read More »
When Your Lawyer Quits: Avoiding Prejudice to the Client
This post is part of an ongoing series about the obligations lawyers have when terminating (quitting) representation of a client. To start from the original post, click here (the post will open in a new window). A LAWYER MUST AVOID CAUSING PREJUDICE TO THE (FORMER) CLIENT Lawyers who withdraw from representing a client… Read More »
Can a Lawyer Quit Representing a Client?
CAN MY LAWYER QUIT REPRESENTING ME? Short answer: yes. More accurately: Lawyers can withdraw from representing a client (or “quit” representing the client) in a variety of situations. However, as a general rule, lawyers can’t just “quit” any time they feel like doing so. In fact, a lawyer who withdraws, or terminates a relationship… Read More »
Can You Hire A Lawyer Without a Written Agreement?
In some cases, Yes – but the answer isn’t quite that simple: ATTORNEY CLIENT RELATIONSHIPS CAN BE CREATED BY IMPLIED AGREEMENT An implied agreement is a legally-recognized contract that arises even when no written agreement exists, if the parties’ actions demonstrate that they intended (or, in some cases, believed) they had an agreement. Sometimes… Read More »
Are Consultations With a Lawyer Confidential?
Even though (in most cases) an attorney-client relationship is required to support a malpractice claim, even a consultation can be enough to establish an attorney-client relationship for purposes of attorney-client privilege. WHAT IS ATTORNEY-CLIENT PRIVILEGE? Attorney-client privilege is one of the oldest confidentiality protections recognized in the United States. Although the name includes both… Read More »
