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Attorney dating former client

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Many attorneys have some sort of personal relationships with their clients. Many consider their clients to be good or even close friends. Others may be related by blood or marriage to their clients. More rare is the personal relationship between attorney and client that is romantic or sexual in nature. These are the stories that sometimes make the press: media outlets may highlight those scintillating stories laying out the details of intimate relationships between attorneys and clients. Subscribe Now.
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Former Clients Rules

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Rule Duties to Former Clients

Ethics and attorney advertising: sticky, significantly different from one jurisdiction to another, and ever-evolving. And the ethics of promoting client reviews or testimonials gets special attention from many bars. Yes — the RPCs governing most bars do allow you to display client testimonials on your law firm website. But restrictions and necessary disclaimers often apply, with a lot of variation among jurisdictions. I obviously can't address every U.
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Rule 1.9: Duties to Former Clients

Rule 8. Rules of Professional Conduct. Essential characteristics of the lawyer are knowledge of the law, skill in applying the applicable law to the factual context, thoroughness of preparation, practical and prudential wisdom, ethical conduct and integrity, and dedication to justice and the public good. As an advisor, a lawyer provides a client with an informed understanding of the client's legal rights and obligations and explains their practical implications.
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A court ruling recently solidified the majority perspective that attorneys have an ethical duty to turn over and surrender their entire file to clients upon termination of representation. This ruling included returning information such as privileged communication and confidential settlement agreements. Tradingscreen, Inc. The CEO refused to accept the decision of termination from the board, resulting in the board filing a second lawsuit to determine if the CEO could maintain his leadership. Even though the CEO and board members were represented by the same, single law firm during the initial lawsuit, the CEO took an adverse position during the second lawsuit, inevitably establishing a conflict requiring their lawyers to withdraw as counsel.
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Comments(12)
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