Sentences with phrase «against a former client»

Lawyers also have a duty not to act against a former client in the same or a related matter even where the former client's confidential information is not at risk.

In order to determine the existence of a conflict of interest, a lawyer should consider whether the representation of the current client in a matter includes acting against a former client.

Attorney's Conflict of Interest Attorneys in Arizona can not accept representation against former clients where they might devolve confidential information.

The Court of Appeal for Ontario applied the Macdonald Estate principles to acting against former clients in Chapters Inc. v. Davies, Ward & Beck LLP [iv].

A Waterloo, Ont., lawyer's decision to launch a defamation lawsuit against a former client who complained about him to the law society constituted a professional misconduct, according to the regulator.

After investigating, prosecutors initiated grand jury proceedings against the former client and subpoenaed the lawyer to testify.

«Although we may dislike or disfavor an attorney's choice to seek a criminal complaint against a former client in an attempt to collect payment for past services,» Justice John M. Greaney wrote for the SJC, «we can not deny any citizen the constitutional right to petition the courts to seek legal redress.»

That presumption can be rebutted by clear and convincing evidence that shows that all reasonable measures, as discussed in rule 3.4 - 20, have been taken to ensure that no disclosure will occur by the transferring lawyer to the member or members of the firm who are engaged against a former client.

A written attorney fee agreement that specifies only hourly rates but is not ambiguous can not be modified by evidence that the parties agreed orally to cap the fees, the Texas Supreme Court held in a Houston lawyer's almost decade - old case against a former client.

In considering whether an impermissible conflict arose, the majority held that courts must aver to the «possibility of real mischief» with respect to the misuse of confidential information by a lawyer against a former client rather than a lower standard that would only require the «probability of real mischief.»

Niemela filed a separate notice of civil claim in August against his former client, which was amended on Oct. 23.

The tribunal disbarred Hoskinson after finding him guilty of conflict of interest, acting against a former client, and attempting to subvert a law society investigation by misleading investigators.

The Florida Rules of Professional Responsibility precludes an attorney from being opposed to a former client in a related case or to utilize information from a previous representation against a former client.

In his Judgment, Justice Burnett of the Divisional Court held that the «no real risk» test laid down in by the House of Lords in Bolkiah v KPMG [1999] 2 AC 222 was inapplicable since it was ``... inappropriate to equate a public body exercising statutory powers in connection with suspected crime with a solicitor who proposes to act against his former client.»

The SJC decision, Wenger v. Aceto, involved a case that pit the lawyer, Gregory J. Aceto, against his former client, a physician.

[1] The guidelines at the end of the Commentary to rule 3.4 - 20 regarding lawyer transfers between firms provide valuable guidance for the protection of confidential information in the rare cases in which, having regard to all of the relevant circumstances, it is appropriate for another lawyer in the lawyer's firm to act against the former client.

* The definition of client * The definition of conflict of interest * The rule related to acting against current clients * The rule related to acting against former clients

Was the past transaction involving your former client connected to the present transaction in which you are seeking to act against your former client?