There are two circumstances that no attorney ever wishes to confront: first, where the attorney must refuse to undertake the representation of a new client because of an ethical conflict of interest, and second, where he is sued for malpractice. These two unhappy circumstances are related by the common, and often difficult, determination of whether a representation of a client has terminated and, if so, precisely when.
The status of a client representation impacts both an attorney’s ethical obligations and his potential professional liability. Although it is counter-intuitive to the estate planner who seeks to build and maintain a close and enduring client relationship, a carefully circumscribed relationship is preferable in both the conflict of interest and malpractice contexts.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
