(L-R) Diana C. Manning, Benjamin J. DiLorenzo and Kyle A. Valente of Bressler, Amery & Ross. Courtesy photos The Duty to Disclose a Potential Claim
Where a lawyer fails to make such a disclosure and takes steps to conceal a mistake or error, some jurisdictions have found that this constitutes ethical misconduct subject to discipline.
October 21, 2024 at 11:57 AM
6 minute read
Ethics
Picture this: it is the start of a rather slow work week and a partner at the law firm you work at approaches you. "Do you remember that transaction for Client A that my group has been handling for the past six months? Well, it fell through, and Client A just received a complaint filed by the other side. I have a call with them this afternoon; does your litigation team have capacity to take this one on?" This hypothetical leaves room for all sorts of answers, qualified or otherwise. Assuming that you play along and have to give a response to the partner, would your reply be any different if you owed this partner a favor for helping you out on a case not long ago? What about if your litigation team could really use the work, you knew that Client A paid their bills on time, and that billing rates were top tier for matters worked on for this client?
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