This is a sample letter from an attorney to a client confirming and advising that his/her case has been referred to another attorney.
This is a sample letter from an attorney to a client confirming and advising that his/her case has been referred to another attorney.
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(a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.
8 Even where there is no direct adverseness, a conflict of interest exists if there is a significant risk that a lawyer's ability to consider, recommend or carry out an appropriate course of action for the client will be materially limited as a result of the lawyer's other responsibilities or interests.
California Rule of Professional Conduct 2-100(A) prohibits a lawyer from communicating about a matter with a party known to be represented by a lawyer without the prior consent of that lawyer.
Of course in litigation, one attorney cannot represent both the plaintiff and defendant. But with rising litigation costs, many parties are using lawyers as mediators where they actually reprsent no one...
Let the client make the contact. Inform the client. Say thank you, repeatedly. Work out the details, and inform the client. Identify a good match for your client. Always give at least two names. Let the client make the contact, but give a heads-up if you can.
The California Rules generally permit a lawyer to represent multiple clients with conflicting interests so long as all the clients have provided their informed written consent.
A lawyer must be loyal to his or her client. This means that a lawyer cannot represent two clients who are on opposite sides in the same or related lawsuits. And, ordinarily, there can be no representation of a client whose interests would conflict with the lawyer's interests.
(A) While representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other lawyer.