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Case Citations [1] (July 2018 through April 2019)

handle is hein.ali/rettlglyrs0057 and id is 1 raw text is: 





           THE LAW GOVERNING LAWYERS 3D



  Generally

  Del.2018. Quot. generally in treatise quot. in ftn. State bar disciplinary body filed a petition to discipline
  lawyer, alleging, inter alia, that lawyer failed to properly maintain his firm's books and records as
  required by state's ethical rules for lawyers. The disciplinary board found that lawyer had negligently
  violated the rules. This court affirmed, holding that rules that regulated attorney conduct had no state-of-
  mind requirement and therefore an attorney who violated them could be disciplined under strict-liability
  standards. The court cited a treatise that noted that the rules set out in the Restatement Third of the Law
  Governing Lawyers did not always explicitly have state-of-mind requirements even though they
  depended on them. Matter of Beauregard, 189 A.3d 1236, 1245.



                  CHAPTER 1. REGULATION OF THE LEGAL PROFESSION

                    TOPIC 2. PROCESS OF PROFESSIONAL REGULATION

                             TITLE C. PROFESSIONAL DISCIPLINE

  § 5. Professional Discipline

  Del.2018. Com. (d) quot. in ftn. State bar disciplinary body filed a petition to discipline lawyer, alleging,
  inter alia, that lawyer failed to properly maintain his firm's books and records as required by state's
  ethical rules for lawyers. The disciplinary board found that lawyer had negligently violated the rules.
  This court affirmed, holding that rules that regulated attorney conduct had no state-of-mind requirement
  and therefore an attorney who violated them could be disciplined under strict-liability standards. The
  court quoted Restatement Third of the Law Governing Lawyers § 5, Comment d, in explaining that
  model rules did not specify which of the ethical rules governing lawyers used the strict-liability
  standard. Matter of Beauregard, 189 A.3d 1236, 1245.



                      TOPIC 3. CIVIL JUDICIAL REMEDIES IN GENERAL

  § 6. Judicial Remedies Available to a Client or Nonclient for Lawyer Wrongs

  Fla.App.2018. Com. (i) quot. in sup. Cigarette smoker, who was a member of a class action against
  cigarette manufacturer, sued manufacturer on an individual basis after the class was decertified, alleging
  that manufacturer misled her about the dangers of smoking. The trial court granted manufacturer's
  motion to disqualify smoker's law firm on the ground that an attorney who formerly worked for law
  firm previously represented manufacturer in the class action and related cases. This court granted
  smoker's petition for a writ of certiorari, quashed the order granting disqualification, and remanded for
  an evidentiary hearing to determine whether attorney had significant involvement in the class action and
  related litigation while working for law firm, such that disqualification of attorney was appropriate. The
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            For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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