Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Duties: Confidentiality

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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

Attorney-Client Relationships When You Don’t Represent a Client

Posted in Duties: Confidentiality, Federal, Scope of Representation
U.S. v. Costanzo, 625 F.2d 465 (D.N.J., 1980) 3d Cir.  Underlying Criminal Defense (Attorney-Client Relationship and Duty of Confidentiality)  Student Contributor: Maninder (Meena) Saini Facts: Defendant (Costanzo), a government informant, was convicted of conspiracy to possess and possession of stolen checks. In the past, the defendant was represented by attorney (Frank Paglianite) on various civil and… Continue Reading

Malpractice Suit Waives Attorney Client Confidences

Posted in Duties: Confidentiality, New York
Heartbreak Cabaret Corp. v. Cruz & Toledo Restaurant Corp., 699 F.Supp. 1066 (S.D.N.Y. 1988) Underlying Action: Purchase of Real Property Student Contributor: Candice L. Deaner Facts: Attorney represented a corporation in negotiations for a nightclub. In the course of negotiations, the attorney also began to represent defendants who were the owner’s of the lease where the… 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