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Ethics

: Legal Ethics Forum

Legal ethics roundup (August 17, 2010)

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  • From ALM: Latham helped found a medical-legal clinic that assists indigent patients.  (Pro bono semi-MDP?)  
  • The Ninth Circuit, in FTC v. Network Services Depot, ruled that lawyers have a duty of inquiry about retainers that may have their source in illegal business activities.  The trial court had placed the lawyers fees under a constructive trust.  (h/t: California Attorneys Fees Blog, which has commentary on the case.)
  • You just know things went poorly for the client and will now go poorly for the lawyer when the court writes (State ex rel. Counsel for Dis v. Sellers (Neb.)): "On September 3, 2008, respondent learned that another member of his law firm was representing an individual in a civil suit in which respondent's client was a defendant. Respondent informed his client of the conflict and told him that respondent could 'work around it.' Respondent did not get his client's informed consent or the informed consent of the other client involved in the conflict." 
  • Habeas Corpus Blog covers a new opinion from the Second Circuit (Friedman v. Rehal), imploring the trial court and prosecutor to re-examine a case where the accused might be innocent.  The opinion cites the new provisions of 3.8 concerning ethical duties post-conviction.
  • From The Lawyer's Weekly: Canada?s 14 law societies are considering relaxing their stringent confidentiality rules to allow lawyers to blow the whistle on clients who may be poised to commit fraud, or otherwise unlawfully inflict ?substantial financial injury,? on individuals. 
  • Cross-profession comparison: There's continuing fall-out and commentary about Treasury Secretary Timothy Geithner's decision to live rent-free in the home of a friend who now works for JP Morgan.  (Our own Stephen Gillers is quoted.)
  • In Johnson v. Gruma Corporation, The Ninth Circuit holds that an arbitrator's failure to disclose a professional tie to counsel for one of the parties was not grounds for vacating the arbitration award, and suggests that counsel raising the issue may have been "sand-bagging."
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Full post as published by Legal Ethics Forum on August 17, 2010 (boomark / email).

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