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Unformatted text preview: - Ramification of failing to comply with rules: o NO statute of limitations o Disciplinary committee- ethical and non-ethical issues- o Court sanction o civil malpractice o forfeiture of fees o *reputation* Model Rule 8.4 :Misconduct, fraud, deceit, influence improperly government officials.NY rule : 1-102 Problem : Sending email out to opposing counsel: Issues- disclosure of privileged and confidential information. 1- Inadvertently put in email something client told you 2- re- forwarding information from previous emails. 3- Sending email to co-counsel or client security issues- who has access. 4- Medidator software that brings up history of changes to documentsopposing counsel can see changes you have made. (NY State Bar website: Opinion 782...Dec.. 04) Medidator: if u send material that has med. on it to a third party- you will lose that privilege and that third party can use it for any purpose. Applicable Code: DR 1-102, DR 4-101 b,c,d (preserving confidences except where there are exceptions. - Are you aggressively protecting your client by using medidator? NY saysOpinion 749- You are NOT permitted to make use of computer software applications to trace emails, etc. Problem: 457 f.supp 404: starts process of what u need to do as a new attorneysenior partner lied to court and junior partner didnt say anything. What is his obligation- he is observing, not acting. Rule: MR 5.2: Fully responsible for not acting. Especially where there is direction from senior attorney. (options: argue with senior attorney, ask advice of another attorney in firm, ask ethics committee in firm.) Comes up is in doc. production. - DR 1-104- responsibilities of a partner or supervisory lawyer and subordinate lawyers Senior attny has same responsibilities as junior attny. Chase case : Facts: pl alleging fraud with respect to settlement agreement after he defaulted on loans given by def. Attny in charge of defense discussed merits of case with pl outside of pls counsel. Pl attended a deposition and encountered partner in reception areaheated discussion without pl counsel there. Pls attny accused defs counsel of improperly obtaining privileged info. CTs reasoning: Rule 4.2 communication with person represented by counsel. Model Rule 4.2: Communcation with person represented by counsel : In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or court order. 1 or US DR 7-104 : Communication with represented and unrepresented parties : a) during the course of the representation of a client a lawyer shall not: 1) communicate or cause another to communicate on the subject of the representation with a party the lawyer knows to be represented by a lawyer in that matter unless the lawyer has the prior consent of the lawyer representing...
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- Fall '06