Hinshaw & Culbertson - Lawyers' Lawyer Newsletter

Consider the following hypothetical. A corporate client hires a lawyer in connection with purchasing a controlling interest in an LLC. The lawyer structures the deal to lower the client's tax liability based on his assumption… more

Attorney Malpractice, Client Representation, Conflicts of Interest, Disclosure Requirements, Due Diligence

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Marissa Delinks

Lawyers, Don't Be Willfully Blind to Suspected Client Fraudulent Conduct – Lawyers' Lawyer Newsletter

It's one of the most gut-wrenching events in a lawyer's practice when they suspect the client is lying about the facts to cover up fraudulent or criminal activity. The client may be hiding liabilities when applying for a loan or… more

Client Representation, Client Services, Law Practice Management, Legal Ethics, Model Rules

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Edward Donohue III

The Ghosts of Clients Past – Financial Elder Abuse Claims Against Estate Planners

In states with Financial Elder Abuse statutes, legal malpractice claims by seniors invoking those statutes are common. These laws are generally understood to address the conversion of property of elderly or dependent adults… more

Elder Abuse, Elder Issues, Estate Planning, Financial Abuse, Testamentary Capacity

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David Grossbaum

Sharing Fees Between Lawyers – Lawyers' Lawyer Newsletter - Do it Right or Pay the Price

The recent case of Edelson, P.C. v. Girardi, et al.[i] shows what can happen when a fee-sharing agreement goes bad. Edelson, P.C. claims that it acted as Illinois local co-counsel for California law firm Girardi Keese under an… more

Attorney's Fees, Client Services, Consent, Fee-Sharing, Law Firm Ownership

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Matthew Henderson

Law Firm Best Practices to Mitigate the Increasing Risk of Attorney Disqualification Motions

It seems as though every day, there is a story in the legal news about a well-known law firm facing a disqualification motion. While disqualification motions are being filed more frequently, that is only half the story. Such… more

Client Services, Conflicts of Interest, Disqualification, Firm Leadership, Legal Ethics

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Steven Puiszis

Ransomware: The Ghoulish Battle With New Rules – Lawyers' Lawyer Newsletter

The Business of Ransomware – A New Normal - In the first half 2021, Accenture reported triple-digit growth in cyber intrusion activity including ransomware attacks on the world's legal, accounting, and insurance industries. In… more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Data Security

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Stephanie Soprani

When State Law Says Yes, but Federal Law STILL Says No

We have come a long way from the era when only criminal defense attorneys dealt with violations of cannabis laws. Today legalized cannabis is a burgeoning area of law that has many firms, large and small, trying to get a piece… more

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April Toy

Rules of Engagement: Setting the Proper Scope of Representation to Protect the Client and the Lawyer

Ideally, the attorney-client relationship begins once a signed written engagement agreement is in place, which clearly outlines the clients who will be represented and the agreed scope of legal services. A properly drafted… more

American Bar Association (ABA), Attorney-Client Privilege, Client Representation, Rules of Professional Conduct

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Hinshaw & Culbertson - Lawyers' Lawyer Newsletter

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