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Case Citations [1] (July 2019 - April 2020)

handle is hein.ali/rettlglyrs0059 and id is 1 raw text is: THE LAw GOVERNING LAWYERS 3D CHAPTER 1. REGULATION OF THE LEGAL PROFESSION TOPIC 1. REGULATION OF LAWYERS-IN GENERAL § 1. Regulation of Lawyers-In General D.Or.2019. Com. (b) quot. in sup. Owners association for a planned residential community sued, among others, former members of association's board of directors, alleging fraud, negligent misrepresentation, breach of fiduciary duty, and unlawful trade practices. This court denied defendants' motion to disqualify plaintiff s law firm, holding that it was not disqualified from representing plaintiff under the Oregon Rules of Professional Conduct. The court noted that, according to Restatement Third of the Law Governing Lawyers § 1, many district courts had adopted the standards and rules governing the professional conduct of lawyers that applied in the jurisdiction in which the court sat and that the Oregon Supreme Court had adopted the Oregon Rules of Professional Conduct. Quatama Park Townhomes Owners Association v. RBC Real Estate Finance, Inc., 365 F.Supp.3d 1129, 1136. CHAPTER 2. THE CLIENT-LAWYER RELATIONSHIP TOPIC 1. CREATING A CLIENT-LAWYER RELATIONSHIP § 14. Formation of a Client-Lawyer Relationship E.D.La.2018. Quot. in case quot. in disc. After bringing a lawsuit against, among others, health- insurance company for conspiring with others to restrict competition in relevant markets, medical support company and others filed a motion to disqualify defendant's counsel, alleging that counsel had previously represented plaintiff in negotiations with the state insurance board regarding allegations of medical malpractice asserted by a hospital. This court granted plaintiff s motion to disqualify, holding, inter alia, that counsel's present and former representations were substantially related. The court explained that, under Restatement Third of the Law Governing Lawyers § 14, counsel had manifested consent to represent plaintiff during negotiations with government officials when it communicated with plaintiff through an engagement letter explicitly describing its services as legal services and describing its relationship to plaintiff as being plaintiff s legal counsel. Academy of Allergy & Asthma in Primary Care v. Louisiana Health Service and Indemnity Company, 384 F.Supp.3d 644, 654. TOPIC 3. AUTHORITY TO MAKE DECISIONS § 24. A Client with Diminished Capacity Tex.2019. Cit. and quot. in sup., cit. in ftn.; com. (b) quot. in sup. and cit. in ftn. (cit. as § 24A). Niece filed an application for a temporary guardianship of aunt, who suffered from dementia. The trial court COPYRIGHT C 2020 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America THE E m INSTITUT For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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