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Case Citations [1] (July 2019 - April 2020)

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             THE LAw GOVERNING LAWYERS 3D



                    CHAPTER 1. REGULATION OF THE LEGAL PROFESSION

                      TOPIC   1. REGULATION OF LAWYERS-IN GENERAL

   § 1. Regulation of Lawyers-In  General

   D.Or.2019.  Com. (b) quot. in sup. Owners association for a planned residential community sued, among
   others, former members of association's board of directors, alleging fraud, negligent misrepresentation,
   breach of fiduciary duty, and unlawful trade practices. This court denied defendants' motion to
   disqualify plaintiff s law firm, holding that it was not disqualified from representing plaintiff under the
   Oregon  Rules of Professional Conduct. The court noted that, according to Restatement Third of the Law
   Governing Lawyers  § 1, many district courts had adopted the standards and rules governing the
   professional conduct of lawyers that applied in the jurisdiction in which the court sat and that the
   Oregon  Supreme Court had adopted the Oregon Rules of Professional Conduct. Quatama Park
   Townhomes   Owners  Association v. RBC Real Estate Finance, Inc., 365 F.Supp.3d 1129, 1136.



                      CHAPTER 2. THE CLIENT-LAWYER RELATIONSHIP

                   TOPIC   1. CREATING A CLIENT-LAWYER RELATIONSHIP

   § 14. Formation of a Client-Lawyer Relationship

   E.D.La.2018. Quot. in case quot. in disc. After bringing a lawsuit against, among others, health-
   insurance company for conspiring with others to restrict competition in relevant markets, medical
   support company  and others filed a motion to disqualify defendant's counsel, alleging that counsel had
   previously represented plaintiff in negotiations with the state insurance board regarding allegations of
   medical malpractice asserted by a hospital. This court granted plaintiff s motion to disqualify, holding,
   inter alia, that counsel's present and former representations were substantially related. The court
   explained that, under Restatement Third of the Law Governing Lawyers § 14, counsel had manifested
   consent to represent plaintiff during negotiations with government officials when it communicated with
   plaintiff through an engagement letter explicitly describing its services as legal services and
   describing its relationship to plaintiff as being plaintiff s legal counsel. Academy of Allergy &
   Asthma  in Primary Care v. Louisiana Health Service and Indemnity Company, 384 F.Supp.3d 644, 654.



                           TOPIC  3. AUTHORITY TO MAKE DECISIONS

   § 24. A Client with Diminished Capacity

   Tex.2019. Cit. and quot. in sup., cit. in ftn.; com. (b) quot. in sup. and cit. in ftn. (cit. as § 24A). Niece
   filed an application for a temporary guardianship of aunt, who suffered from dementia. The trial court

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THE  E  m INSTITUT For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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