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December 2014 Archives

Attorneys must avoid conflict of interest for ex-clients too

A person who hires an attorney for help with a legal matter has the right to expect that the lawyer taking his or her case does not have a conflict of interest. We spoke about conflict of interest on Sept. 9. It is a form of legal malpractice in which the offending attorney represents clients whose interests oppose each other for some reason. Think of an attorney representing opposite sides in a contract negotiation.

CA court says attorney-attorney messages can be privileged

We normally think of attorney-client privilege as a pact between an attorney, and, well, his or her client. A recent ruling from a California Court of Appeals seems to shut out the client from this equation and create an attorney-attorney privilege, even when discussing the client’s case, at least in some situations.

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