Professional Documents
Culture Documents
94-384 – Withdrawal by Lawyer Against Whom Opposing Counsel has Filed a Disciplinary
Complaint
• Not required
02-425 – Retainer Agreement Requiring the Arbitration of Fee Disputes and Malpractice
Claims
• Permissible in a retainer agreement to have a provision that requires a binding
arbitration of disputes concerning fees and malpractice claims
• Client must be informed of advantages/disadvantages of arbitration
Informal Opinion –
1470 - Duty of a Lawyer to Inquire into Fraudulent or Criminal Conduct and Disclose Past
Activities of a Prospective Client
• Lawyer should not undertake representation w/o making further inquiry if the facts
presented by a prospective client suggest that the representation might aid the
client in perpetrating a fraud or crime
Cases –
In re Friesen –
• Attorney negotiating and accepting a settlement, w/o authorization and after client
had directed dismissal of her personal injury action, and asking if client would
accept $500 when attorney had negotiated a $2400 settlement warranted
published censure
In re Bryan –
• Attorney impermissibly disclosed confidences of former client
• Public censure was warranted as disciplinary sanction
Commonwealth v. Mrozek –
• Inculpatory statement D made to his attorney’s secretary was privileged
Kobluk v. U. of Minnesota –
• Professor brought action requiring university to produce 2 drafts of letter in which
university conveyed its decision to deny the professor tenure
• The preliminary draft of letter were protected by Attorney-Client Privilege
Hickman v. Taylor –
• Ds and their attorney guilty of contempt for refusal to answer an interrogatory