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Privilege versus confidentiality under ethics rules. Good lawyers frequently fail to make the distinction.
An excellent, and all too rare, discussion of this distinction appears in Brennan’s, Inc. Brennan’s Restaurants, Inc., 590 F.2d 168 (5th Cir. The attorney-client privilege deals with when a client’s communication with a lawyer can be discovered in litigation or revealed at trial. A lawyer’s duty of confidentiality under Model Rule 1.6, or her state’s equivalent, is always present.
This is a serious problem when the first client does not want the other client to have the information.
The lawyer is torn between her duty of confidentiality under Rule 1.6 and her duty to keep all her clients informed under Rule 1.4.
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At one point Reah's will and trust provided that Naomi would get income for her life. Second, the court held that under the circumstances W was not "in privity" with Law Firm with respect to its planning H's estate.
Bowen did estate planning and other legal work at various times for Naomi Chase and her mother, Reah Chase. First, the court held that W did not have a cause of action as a beneficiary.
The dissenting judge would have remanded and given Naomi an opportunity to replead.
It said simply: It is our view that a lawyer who prepares a will owes no duty to any previous beneficiary, even a beneficiary he may be representing in another matter, to oppose the testator or testatrix in changing his or will and, therefore, that assisting that change is not a conflict of interest.
We call those "unintentional" joint/multiple representations. In most circumstances, the lawyer may legally and ethically do this. The single most troublesome issue in these representations has to do with confidences.Tags: Adult Dating, affair dating, sex dating