Article by William Freivogel
This Article touches on a variety of ethics issues likely to be confronted in the litigation practice of the modern law firm. Part I deals with the ability of a lawyer to talk to employees of an opponent. Part II covers ethics opinions and court decisions on the lawyer's rights and obligations when someone discloses to the lawyer, either inadvertently or intentionally, information that is otherwise privileged or confidential. Suing the corporate affiliate of a client is the difficult subject covered in Part III. What happens when a lawyer changes law firms and there is a matter pending between the old and new firms? That is the subject of Part IV. Part V considers the lawyer's obligations when the lawyer is negotiating a merger with a lawyer on the other side of a matter. Part VI deals with the “lawyer for the lawyer” situation. Part VII demonstrates that a former client situation may disqualify a lawyer, even though the classic “substantial relationship” test may not be met, if the lawyer has insights from the prior representation that would put the new client at an unfair advantage. The subject of Part VIII is the circumstance when a current or former client is a witness for the other side. To what extent does a lawyer who acts as expert witness run afoul of conflicts rules that would apply if the lawyer were acting as a lawyer? That is the subject of Part IX. Part X deals with the lawyer as agent for service of process. Part XI concludes that a lawyer's contact with the other side's expert witness can get the lawyer disqualified. Part XII deals with conflicts created by co-counsel relationships. Part XIII lists all the unfortunate consequences that can flow from a conflict of interest.
About the Author
William Freivogel. Senior Vice President—Loss Prevention, Attorneys' Liability Assurance Society, Inc., a Risk Retention Group.
Citation
72 Tul. L. Rev. 637 (1997)