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Case Citations [i] (Fall 2023)

handle is hein.ali/rettlglyrs0066 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2023 Citations THE LAW GOVERNING LAWYERS 3D CHAPTER 2. THE CLIENT-LAWYER RELATIONSHIP TOPIC 4. A LAWYER'S AUTHORITY TO ACT FOR A CLIENT § 27. A Lawyer's Apparent Authority M.D.Fla.2022. Quot. in case quot. in sup. Former U.S. Navy sailor sued, among others, asbestos manufacturer, alleging that he developed lung cancer from exposure to defendant's products. This court granted defendant's motion for summary judgment, holding that the statute of limitations barred plaintiff's claims against defendant, because plaintiff, who had brought an action several decades prior against third-party asbestos manufacturers for asbestos exposure, had been aware for decades that asbestos exposure created a risk of developing lung cancer. The court rejected plaintiff's assertion that his statements made in the prior proceeding could not be attributed to him because he was unable to remember the prior proceedings, and pointed out that, under Restatement Third of the Law Governing Lawyers § 27, the statements of plaintiff's counsel in the prior proceeding could be attributed to plaintiff, because plaintiff's counsel had the authority to make those statements. Israel v. John Crane, Inc., 601 F.Supp.3d 1259, 1266. CHAPTER 3. CLIENT AND LAWYER: THE FINANCIAL AND PROPERTY RELATIONSHIP TOPIC 1. LEGAL CONTROLS ON ATTORNEY FEES § 37. Partial or Complete Forfeiture of a Lawyer's Compensation Idaho, 2022. Com. (d) cit. in case quot. in sup. Predecessor law firm, which represented client for approximately three years before successor law firm took over and obtained a settlement for client, sued successor firm and client, seeking to foreclose its charging lien against the settlement fund; client counterclaimed, alleging that predecessor firm violated the Idaho Consumer Protection Act and could not recover against the settlement fund. After a bench trial, the trial court divided the fees between predecessor firm and successor firm, based in part on successor firm's representations that client claimed no stake in the disputed funds. This court reversed in part, holding that successor firm's principal had an unwaivable concurrent conflict in his representation of both successor firm and client on her counterclaim, and remanded for the trial court to determine, under the criteria set forth in Restatement Third of the Law Governing Lawyers § 37, what overall sanction would assure fairness to COPYRIGHT (2023 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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