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Case Citations [1] (July 2021 - April 2022)

handle is hein.ali/rettlglyrs0063 and id is 1 raw text is: THE LAW GOVERNING LAWYERS 3D CHAPTER 1. REGULATION OF THE LEGAL PROFESSION TOPIC 3. CIVIL JUDICIAL REMEDIES IN GENERAL § 7. Judicial Remedies Available to a Lawyer for Client Wrongs N.D.Ill.2021. Com. (a) cit. in sup. In a trademark action initiated by trademark owner against alleged infringer and its owner, plaintiff filed a motion for sanctions against, among others, defendants, alleging that defendants violated their duty of honesty and good-faith discovery by knowingly failing to disclose the existence of and to preserve certain electronic documents. This court granted in part plaintiff's motion for sanctions, holding that defendants' self-collection of documents was insufficient to satisfy its duties of candor, honesty, and good-faith discovery conduct and prejudiced plaintiffs. Citing Restatement Third of Agency § 8.15 and Restatement of the Law Governing Lawyers § 7, the court explained that defendants violated a fundamental assumption of electronic discovery, because they breached their duty of candor as the principals of their former attorneys to furnish information to the attorneys, deal with them fairly and in good faith, and to not misrepresent facts. DR Distributors, LLC v. 21 Century Smoking, Inc., 513 F.Supp.3d 839, 944. CHAPTER 2. THE CLIENT-LAWYER RELATIONSHIP TOPIC 1. CREATING A CLIENT-LAWYER RELATIONSHIP § 14. Formation of a Client-Lawyer Relationship C.A.7, 2021. Cit. in sup. Start-up company and its founder filed a claim for legal malpractice against company's former attorney after attorney obtained an arbitration award against them for years of unpaid wages, alleging that they would not have been liable for the award if he had not advised them to enter into an illegal agreement with him to defer his compensation. The district court granted attorney's motion to dismiss. Affirming, this court held that, even if founder was attorney's client on certain matters where he advised her personally or he otherwise owed her a duty as an intended beneficiary of his attorney-client relationship with company, founder failed to plead any plausible malpractice claims arising from those matters. The court cited Restatement Third of the Law Governing Lawyers § 14 in explaining that an attorney's duty normally extended only to the client. UFT Commercial Finance, LLC v. Fisher, 991 F.3d 854, 858. N.M.C.C.A.2020. Com. (g) quot. in ftn. Servicemember pleaded to and was found guilty of using cocaine. The trial court sentenced him to a term of confinement and a bad-conduct discharge, which was suspended and later remitted. After the adjournment of the court-martial, servicemember was administratively separated from the military while his mandatory appeal was pending. In response to a novel pleading filed by appointed appellate counsel for servicemember, this court held that COPYRIGHT ©2022 By THE AMERICAN LAW INSTITUTE All rights reserved A -I-I Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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