If litigation erupts between the joint clients, the privilege will not apply as to information shared between them and with their lawyer. 327 (March 2005), deals with the issue of confidences in joint representation.
The privilege will continue to protect that information as to the outside world. If one client reveals something to the lawyer in confidence, and the information would be important to the other client, the law must withdraw. Other authorities dealing with confidences and joint representation are: In re H.
Basically, whether you are looking for romance, love, friendship, information, emotional support or just to connect with people you share something in common with, you are in the right place!Home/Table of Contents Insurance Defense Note: insurance defense cases are considered separately under "Insurance Defense." To go there, click here. The lawyer is torn between her duty of confidentiality under Rule 1.6 and her duty to keep all her clients informed under Rule 1.4. Privilege versus confidentiality under ethics rules. Good lawyers frequently fail to make the distinction. After H's demise, in this action, W sued Law Firm for malpractice relating to its handling of H's estate plan. The trial court, the appellate court, and the Minnesota Supreme Court held that what Faegre knew about Consortium was not relevant to Star Centers and that failure to make disclosures to Star Centers caused it no damage.
Law Firm did estate planning for W and H, but evidently separately and at different times. It claimed that Faegre knew things about Consortium that it should have disclosed to Star Centers.
It said simply: It is our view that a lawyer who prepares a will owes no duty to any previous beneficiary, even a beneficiary he may be representing in another matter, to oppose the testator or testatrix in changing his or will and, therefore, that assisting that change is not a conflict of interest.
After Reah passed away, and Naomi discovered the change, Naomi sued Bowen. The appellate court affirmed, providing almost no analysis.
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An excellent, and all too rare, discussion of this distinction appears in Brennan’s, Inc. Brennan’s Restaurants, Inc., 590 F.2d 168 (5th Cir. The attorney-client privilege deals with when a client’s communication with a lawyer can be discovered in litigation or revealed at trial. A lawyer’s duty of confidentiality under Model Rule 1.6, or her state’s equivalent, is always present.