Terminating the AC
15 important questions on Terminating the AC
Generally Cs can fire Ls for any reason. What is the biggest exception?
Since in-house Ls are also an employee of the entity, they might be covered by employment laws that protect ordinary employees who whistle-blow (protected from retaliatory discharge for brining safety/regulatory concerns to management's attention)
A C may issue that a L is looking after C's affairs in cases where the L thinks that the R has terminated. ABA provision (comment)
Affect of ongoing R, unbeknownst to L
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Which professional duty extends beyond termination of A-C R?
A reasonable person would believe the AC-R is ongoing where?
- L continues to send marketing materials ("current developments in law" newsletters) to C
- L retains important documents of C (corporate minute books)
- C pays any bills that L sends
A reasonable person might believe the AC-R has terminated where?
- C has refused to pay a big and L has not followed up to collect
- C hired another L, and L1 knows that.
The Hot Potato Doctrine
RLE: L cannot terminate the rep prior to what the parties considered to be, ex ante, the natural completion of the matter. Any purported termination by L will be considered ineffective, and the multiple rep will be analyzed as a current-C conflict (1.7, 1.7).
What does ABA 1.16(d) require
ABA Rs on L's ongoing duties to former Cs? 2 Rs
Issue Spot: Whether AC-R is ongoing
Facts tending to support a C's reasonable belief in an ongoing relationship?
- A long history of using the same L or law firm
- Sending promotional materials or "dear friend" letters
- retention of client documents
- a relatively short interval between the last legal work performed and the time in which the L seeks to represent a new C with adverse interests [for purposes of former-C conflicts under 1.9(A).
1.18(b). Duties to prospective C?
1.18(c) - Prospective C Conflicts
1.18(d) - Screening + Prospective Client
Avoiding 1.18(c) Prospective C Conflicts?
The question on the page originate from the summary of the following study material:
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