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Case Citations [1] (2017)

handle is hein.ali/rettlglyrs0054 and id is 1 raw text is: THE LAw GOVERNING LAWYERS 3D CHAPTER 2. THE CLIENT-LAWYER RELATIONSHIP TOPIC 1. CREATING A CLIENT-LAWYER RELATIONSHIP § 14. Formation of a Client-Lawyer Relationship Iowa, 2016. Subsec. (1)(b) cit. in case cit. in sup. State disciplinary board charged lawyer with violating the rules of professional conduct in connection with allegations that, following her removal as the attorney for an estate in probate proceedings, she sought and received a loan from the executor without obtaining the executor's informed consent. After the grievance commission found that lawyer violated the rules, this court suspended her license for 60 days, holding that she was still in an attomey-client relationship with the executor at the time of the loan. The court noted that, under Restatement Third of the Law Governing Lawyers § 14, an attorney-client relationship normally existed between the executor of an estate and the attorney designated by the executor to probate the estate, and explained that, under the circumstances here, lawyer's attorney-client relationship with the executor had not yet ended when attorney and executor discussed the loan. Iowa Supreme Court Attorney Disciplinary Bd. v. Pederson, 887 N.W.2d 387, 392. TOPIC 2. SUMMARY OF THE DUTIES UNDER A CLIENT-LAWYER RELATIONSHIP § 16. A Lawyer's Duties to a Client-In General C.A.9, 2017. Quot. in sup. Attorney who formerly worked for county attorney's office sued county and county officials, alleging that defendants terminated her in violation of her First Amendment rights after she publicly commented on county's settlement of a lawsuit in which the county sheriff's department was accused of brutality towards protesters. The district court entered judgment on a jury verdict for plaintiff on her First Amendment claim. Reversing, this court held that attorney's public comment was made in her official capacity and thus not protected by the First Amendment. The court reasoned, in part, that plaintiff s public comment fell under the broad set of official duties she owed county as its attorney under Arizona law and Restatement Third of the Law Governing Lawyers § 16. Brandon v. Maricopa County, 849 F.3d 837, 845. Iowa, 2017. Cit. in sup. In disciplinary proceedings, attorney was charged with violating the state's ethical rules by simultaneously representing two clients on opposing sides of a loan transaction. The grievance commission recommended a 30-day suspension. This court imposed a 60-day suspension based on attorney's violation of rules providing that a lawyer could not represent a client if the representation of that client would involve a concurrent conflict of interest with another client, unless the lawyer obtained informed consent from both clients in writing. The court reasoned that attorney failed to fulfill his general obligations under Restatement Third of the Law Governing Lawyers § 16, because he For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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