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Case Citations [1] (April 2023 - August 2023)

handle is hein.ali/rettlglyrs0065 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2023 Citations 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 C.D.Cal.Bkrtcy.Ct.2021. Com. (c) cit. in ftn. In a reopened bankruptcy case, purported purchaser of real property filed a motion for administrative expenses, alleging that it was entitled to reimbursement for payments it made on the mortgage securing the property, because its contributions substantially benefited the bankruptcy estate. This court denied purchaser's motion for administrative expenses, holding, inter alia, that there were no tangible benefits to the estate from purchaser's expenditures. Citing Restatement of the Law Governing Lawyers § 14, Comment c, the court noted that purchaser's assertion that it was entitled to administrative expenses because the bankruptcy estate retained an attorney as counsel in violation of the implied attorney-client relationship between the attorney and purchaser, despite the fact that purchaser provided the attorney its confidential information related to the real-property purchase, and observed that determining the veracity of purchaser's assertions was unnecessary for its holding. In re Machevsky, 637 B.R. 510, 518. W.D.La.2020. Quot. in case quot. in sup. After former employee sued former employer for gender- based discrimination claims, defendant filed a motion to disqualify plaintiff's attorney, alleging that defendant previously retained attorney to teach workplace gender-discrimination seminars to its personnel. This court denied defendant's motion to disqualify, holding, inter alia, that disqualification of plaintiff's attorney was unwarranted, because attorney and defendant never had an attorney-client relationship with one another such that attorney's representation of plaintiff created a conflict of interest. Citing Restatement Third of the Law Governing Lawyers § 14, the court explained that defendant never requested services from attorney beyond training seminars, attorney did not make recommendations for substantive changes to defendant's policies, and attorney was not given any of defendant's confidential information. Flowers v. Heard, McElroy & Vestal, L.L.C., 551 F.Supp.3d 688, 700. Ohio App.2022. Cit. in sup., cit. in case cit. in sup. Cotrustee, who was the manager of a family limited- liability company and a purported beneficiary of the family trust, brought a malpractice claim against attorneys who prepared settlor's estate documents. The trial court granted defendants' motion for summary judgment. This court affirmed, holding that plaintiff lacked standing to bring a legal- malpractice claim against defendants, because there was no attorney-client relationship between the parties. Citing Restatement Third of the Law Governing Lawyers § 14, the court explained that there was no express relationship between the parties, because plaintiff did not sign an engagement letter with COPYRIGHT C2023 By THE AMERICAN LAW INSTITUTE All rights reserved 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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