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Legal Ethics and Professional Responsibility

Journal

1993

Lawyer

Articles 1 - 2 of 2

Full-Text Articles in Law

A Conflict Is A Conflict Is A Conflict: Fiduciary Duty And Lawyer - Client Sexual Relations, Matthew Certosimo Oct 1993

A Conflict Is A Conflict Is A Conflict: Fiduciary Duty And Lawyer - Client Sexual Relations, Matthew Certosimo

Dalhousie Law Journal

Does a lawyer breach his' fiduciary duty by engaging in sexual activity with a client?' The Nova Scotia Barristers' Society is attempting to answer this very question with a proposed Rule in the Legal Ethics and Professional Responsibility Handbook : Chapter 24 on Sexual Relation-ships with a Client. The purpose of this paper is to review the proposed Rule in the context of a lawyer's fiduciary duty to his client.


Ethical Issues Arising When A Lawyer Leaves A Firm: Restrictions On Practice, Daniel J. Capra, Richard Friedman, Arthur Handler, Diana Parker Jan 1993

Ethical Issues Arising When A Lawyer Leaves A Firm: Restrictions On Practice, Daniel J. Capra, Richard Friedman, Arthur Handler, Diana Parker

Fordham Urban Law Journal

Restriction on covenants not to compete have been a long-time feature of legal practice. Rules prohibiting law firms from restricting lawyers' ability to practice or imposing penalties on lawyers that leave a firm attempt to balance the law firm's interest in survival in a competitive market with the countervailing interests of attorney mobility, and protecting clients' choice of counsel. Restrictions on covenants not to compete should be vigorously enforced, and the exception that allows for the forfeiture of retirement benefits by attorneys that choose to leave a firm should be narrowly applied to only those funds to which the departing …