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Client Representation

Hinshaw & Culbertson - Lawyers' Lawyer...

So, You Made a Mistake. Do You Need to Tell Your Client?

Consider the following hypothetical. A corporate client hires a lawyer in connection with purchasing a controlling interest in an LLC. The lawyer structures the deal to lower the client's tax liability based on his assumption...more

Mandelbaum Barrett PC

Attorney Withdrawal in High-Profile Cases: Examining the Motion to Withdraw in Sean Combs’ Legal Defense

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On February 21, 2025 a notable development emerged in the legal proceedings involving Sean “P. Diddy” Combs. Attorney Anthony Rico, one of the legal counselors representing Combs, filed a motion to withdraw as counsel. Given...more

Miles Mediation & Arbitration

Mandatory Mediation Clauses in Retainer Agreements

We often settle legal malpractice claims before they result in a publicly filed lawsuit. Many of our clients, who are lawyers, want to avoid a public lawsuit, but once a suit is filed, they want to be vindicated by a...more

Goodell, DeVries, Leech & Dann, LLP

Breaking Silence: The Ethics of Lawyers Critiquing Clients

Several weeks ago, attorney Mark Lemley was criticized for having the temerity to terminate his representation of Meta during an ongoing copyright infringement case because of its CEO’s alleged “descent into toxic...more

Fishman Haygood LLP

ABA Issues Formal Opinion for Lawyers Advising Organizational Clients Where Constituents Might Have Conflicts of Interests or Be...

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The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility recently issued Formal Opinion 514 regarding a lawyer’s obligations when advising organizational clients. Under such...more

Maison Law

How to Select a California Car Accident Lawyer

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The 2024 American Bar Association National Lawyer Population Survey puts the number of California attorneys at 175,883. This translates to 4.5 lawyers for every 1,000 residents in California. The Golden State trails only New...more

Carr Maloney P.C.

Nonrefundable Advanced Legal Fees are Per Se Unethical Under the Proposed New Rule of Professional Conduct 1.5(g)

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At its March 1, 2025, meeting, the VSB Council voted to approve changes to Rule of Professional Conduct 1.5. The proposed amendment to the Rule includes a new subjection (g), which codifies an understanding that has been...more

Charles E. Rounds, Jr. - Suffolk University...

When Hostilities Break Out Between Co-trustees, Where Does That Leave Trust Counsel?

When hostilities break out between individual co-trustees, incumbent trust counsel faces a representation conundrum. In §8.8 of Loring and Rounds: A Trustee’s Handbook (2025), see appendix below, we grapple with the...more

Searcy Denney Scarola Barnhart & Shipley

Choosing the Right Lawyer for Your Mass Tort Case

If you are entitled to just compensation for injuries caused by a defective medical device or another dangerous or defective product, you may be able to join an existing mass tort case. This is not the same as joining a class...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Navigating The Growing Risk Of Pre-Indictment Dialogue With The Government

When your client is under investigation by the Federal Government, a time-honored practice that is often pursued by white collar practitioners is an early sit down with the lead AUSA to discuss the legal and factual...more

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 51 - A Higher Duty of Care: Representing Clients Living With Mental Illness

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The defense of clients experiencing mental health issues is one of the most challenging and nuanced aspects of criminal law. An estimated one-third to one-half of incarcerated individuals live with some form of mental...more

EDRM - Electronic Discovery Reference Model

Keeping the Temperature Just Right for Effective eDiscovery Negotiations

“I’ll see you in court!” It’s the rallying cry of legal dramas, glorifying courtroom battles as the pinnacle of advocacy. In reality, however, it’s skilled eDiscovery negotiation—not trial theatrics—that most often determines...more

Winthrop & Weinstine, P.A.

Hennepin County Civil Judges Roundtable: Key Takeaways

In partnership with the Minnesota State Bar Association – Civil Litigation Section, Winthrop recently hosted a lively and educational Roundtable event featuring a distinguished panel of nine members of the Hennepin County...more

Downey Brand LLP

Godoy v. Linzner and the Lawyer’s Duty to Shut Down a Bad Idea

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Under universally accepted law, across every jurisdiction, lawyers owe vital and concrete duties to their clients.  The duty of confidentiality.  The duty of loyalty.  The duty to disclose.  And, greatest of all, the duty to...more

DarrowEverett LLP

Trust Administration: Key Steps to Protecting Your Legacy

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Estate planning is an essential process which can ensure that your wealth is distributed appropriately after you pass. Every estate planning attorney’s goal is to assist clients to protect their assets, instead of allowing...more

TransPerfect Legal

Building Better Partnerships: In-House Counsel Insights on Outside Counsel Relationships

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TransPerfect Legal's Antitrust Practice Group hosted its fifth annual Antitrust Clearance and Merger Enforcement Conference in 2024. The panel featured key insights from Katherine Reilly, Senior Lead Counsel at Vistra Corp.;...more

Marshall Dennehey

Delaware Supreme Court Rules that Attorneys Are Liable for Malpractice Claims If a Sufficiently Developed Record Could Have...

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GMG Ins. Agency v. Margolis Edelstein, 2024 WL 1688869 (Del. Apr. 19, 2024) - Update: Prior to publication of this alert, the Delaware Supreme Court vacated its earlier opinion in GMG Ins. Agency v. Margolis Edelstein, 2024...more

Frantz Ward LLP

Ohio Law Changes How Home Buyers View Properties and Pay their Agent

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A new Ohio law effective today drastically changes how Ohio real estate licensees represent clients, including when a prospective buyer wants to view a residential property. Licensees are now obligated to enter into a written...more

Marshall Dennehey

Guardian Ad Litem Is Not Immune from Legal Malpractice Claim

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N.W.M. through J.M. v. Langenbach, --- A.3d --- (Pa. 2024), 2024 WL 2788173 (Pa. May 31, 2024) - The Pennsylvania Supreme Court held that a guardian ad litem (GAL), an attorney appointed to represent the legal interests and...more

Goodell, DeVries, Leech & Dann, LLP

Responding to Bar Counsel Inquiries

I love the “Lawyers Behaving Badly” podcast. The show’s premise is the hosts’ love of professional messes. They excel at finding true stories about dumb lawyers. Each episode has me shaking my head, thinking to myself, “How...more

Robins Kaplan LLP

[Event] 2024 Trial Advocacy Seminar: Rule of Law - October 30th, Minneapolis, MN

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Join Robins Kaplan for this year’s Trial Advocacy Seminar, ‘Rule of Law,’ where we will gather to discuss the pivotal role of law in society. This event will explore how the Rule of Law serves as the foundation for justice,...more

Hinshaw & Culbertson - Lawyers for the...

Arbitration Clause in Attorney-Client Agreement Deemed Unenforceable Due to Lack of Informed Consent

Bryan Dick-Ipsen v. Humphrey, Farrington & McClain, P.C., et al., 2024 IL App (1st) 241043 - Brief Summary - The First District Appellate Court in Illinois affirmed the trial court's denial of a defendant law firm's motion to...more

Hinshaw & Culbertson - Lawyers for the...

Wisconsin Appellate Court Enforces Limited Scope Retainer Agreement

Michael Freude v. Jeffrey M. Berzowski and Di Renzo & Bomier, LLC., No. 2023 AP 764 (Wis. App. August 7, 2024) - Brief Summary - The plaintiff sued two defendants for legal malpractice related to an allegedly time-barred...more

Miles Mediation & Arbitration

Moving Toward Resolution: The Importance of Systems for Mediators

In a world grappling with the aftermath of COVID-19, the landscape of dispute resolution has undergone profound changes. As a mediator with Miles Mediation & Arbitration and the founder of FourthParty, a technology platform...more

Keating Muething & Klekamp PLL

Using Trust Provisions to Incentivize Beneficiary Behavior

For many individuals new to estate planning, particularly younger couples, there is something almost taboo when you start to discuss a revocable trust: does that mean our children will be trust fund babies?...more

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