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Case Citations [1] (Spring 2024)

handle is hein.ali/rettlglyrs0067 and id is 1 raw text is: THE AMERICAN
LAW INSTITUTE
Spring 2024 Citations
THE LAW GOVERNING LAWYERS 3D
CHAPTER 1. REGULATION OF THE LEGAL PROFESSION
TOPIC 3. CIVIL JUDICIAL REMEDIES IN GENERAL
§ 6. Judicial Remedies Available to a Client or Nonclient for Lawyer Wrongs
Iowa 2023. Quot. in sup. Attorney, who represented former client in prior custody disputes involving
client's children, filed a pro se petition to establish an involuntary guardianship for one of former
client's children; former client sought dismissal of the petition, attorney had violated or would violate
ethics rules if attorney continued to serve as petitioner in involuntary-guardianship proceedings. After a
limited evidentiary hearing, the trial court dismissed attorney's petition. The court of appeals reversed.
This court vacated and affirmed the trial court's dismissal, holding that the trial court, in its inherent
authority, permissibly held an evidentiary hearing before it dismissed attorney's petition. The court
explained that, under Restatement Third of the Law Governing Lawyers § 6, dismissal of an action was
among the judicial remedies that were available attorney's misconduct. Matter of Guardianship of J.W.,
991 N.W.2d 143, 150.
CHAPTER 2. THE CLIENT-LAWYER RELATIONSHIP
TOPIC 1. CREATING A CLIENT-LAWYER RELATIONSHIP
§ 14. Formation of a Client-Lawyer Relationship
Fla.App.2022. Quot. in disc. Liquidating agent for a failed cryptocurrency-investment club filed a
derivative action on behalf of the club against its investors, alleging breach of the club's limited-
partnership agreement and fraudulent transfers. The trial court denied investors' motion to disqualify
agent's law firm based on the firm's simultaneous representation of an entity created by certain investors
in an action for fraud against the club, finding that there was no conflict of interest, because the firm did
not represent the club. This court reversed, holding that, although there were no formal indicia that the
firm represented the club, such as bills, a retainer, or a representation agreement, the undisputed facts
COPYRIGHT (2024 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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