Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Restatement of the Law Governing Lawyers

Subscribe to Restatement of the Law Governing Lawyers RSS Feed

RLGL §122 Client Consent to a Conflict of Interest

Posted in Conflicts of Interest, Restatement of the Law Governing Lawyers
Restatement of the Law Governing Lawyers (ALI, 2000) § 122. Client Consent to a Conflict of Interest (1) A lawyer may represent a client notwithstanding a conflict of interest prohibited by §121 if each affected client or former client gives informed consent to the lawyer’s representation. Informed consent requires that the client or former client have… Continue Reading

RLGL §§ 123-124 Imputation of Conflicts and Removing Imputations

Posted in Conflicts of Interest, Restatement of the Law Governing Lawyers
Restatement of the Law Governing Lawyers (ALI, 2000) § 123. Imputation of a Conflict of Interest to an Affiliated Lawyer Unless all affected clients consent to the representation under the limitations and conditions provided in § 122 or unless imputation hereunder is removed as provided in § 124, the restrictions upon a lawyer imposed by… Continue Reading

RLGL §§44-46 Client Property: Safeguarding, Segregating and Surrendering

Posted in Restatement of the Law Governing Lawyers
Restatement of the Law Governing Lawyers (ALI, 2000) § 44. Safeguarding and Segregating Property (1) A lawyer holding funds or other property of a client in connection with a representation, or such funds or other property in which a client claims an interest, must take reasonable steps to safeguard the funds or property. A similar… Continue Reading

RLGL §§61-67: Using or Disclosing Confidential Information from Prospective Clients

Posted in Duties: Confidentiality, Restatement of the Law Governing Lawyers
Restatement of the Law Governing Lawyers (ALI, 2000) § 61. Using of Disclosing Information to Advance Client Interests A lawyer may use or disclose confidential client information when the lawyer reasonably believes that doing so will advance the interests of the client in the representation. § 62. Using or Disclosing Information with Client Consent A… Continue Reading

RLGL §15 A Lawyer’s Duties to Prospective Client

Posted in Prospective Clients, Restatement of the Law Governing Lawyers
Restatement of the Law Governing Lawyers (ALI, 2000) § 15. A Lawyer’s Duties to a Prospective Client (1) When a person discusses with a lawyer the possibility of their forming a client-lawyer relationship for a matter and no such relationship ensues, the lawyer must: (a) Not subsequently use or disclose confidential information learned in the… Continue Reading

Restatement of the Law Governing Lawyers §20. A Lawyer’s Duty to Inform and Consult with a Client

Posted in Duties: Communicate, Restatement of the Law Governing Lawyers
A lawyer must keep a client reasonably informed about the matter and must consult with a client to a reasonable extent concerning decisions to be made by the lawyer under §§21-23. A lawyer must promptly comply with a client’s reasonable request for information. A lawyer must notify a client of decisions to be made by… Continue Reading

Restatement of the Law Governing Lawyers §19. Agreements Limiting Client or Lawyers Duties

Posted in Restatement of the Law Governing Lawyers
1. Subject to other requirements stated in this Restatement, a client and lawyer may agree to limit a duty that a lawyer would otherwise owe to the client if: (a) the client is adequately informed and consents; and (b) the terms of the limitation are reasonable in the circumstances. 2. A lawyer may agree to… Continue Reading

Restatement of the Law Governing Lawyers §16. A Lawyer’s Duties to a Client –In General

Posted in Duties: Competence, Duties: Confidentiality, Duties: Conflict Avoidance, Restatement of the Law Governing Lawyers
To the extent consistent with the lawyer’s other legal duties and subject to the other provisions of this Restatement, a lawyer must, in matters within the scope of the representation: proceed in a manner reasonably calculated to advance a client’s lawful objectives, as defined by the client after consultation; act with reasonable competence and diligence;… Continue Reading

Restatement of the Law Governing Lawyers §14. Formation of a Client-Lawyer Relationship

Posted in Engagement, Restatement of the Law Governing Lawyers
A relationship of client and lawyer arises when: 1. a person manifests to a lawyer the person’s intent that the lawyer provide legal services for the person; and either (a) the lawyer manifests to the person consent to do so; or (b) the lawyer fails to manifest lack of consent to do so, and the… Continue Reading
.