This due diligence form is a memorandum completed by the attorney responsible for analyzing and addressing competitors and other issues of interest in business transactions.
Maryland Attorney Specialist Memoranda
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Multi-State
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US-DD0503
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Rule 19-301.10 - Imputation of Conflict of Interest-General (1.10) (a) While attorneys are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rules 19-301.7 (1.7) or 19-301.9 (1.9), unless the prohibition is based on a ...
Rule 19-301.8 - Conflict of Interest; Current Clients; Specific Rules (1.8) (a) An attorney shall not enter into a business transaction with a client unless: (1) the transaction and terms on which the attorney acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing ...
A conflict of interest exists if: (1) the representation of one client will be directly adverse to another client; or (2) there is a significant risk that the representation of one or more clients will be materially limited by the attorney's responsibilities to another client, a former client or a third person or by a ...
The specially admitted attorney may participate in the court or administrative proceedings only when accompanied by the Maryland attorney, unless the latter's presence is waived by the judge or administrative hearing officer presiding over the action.
Rule 19-301.6 - Confidentiality of Information (1.6) (a) An attorney shall not reveal information relating to representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by section (b) of this Rule.
Rule 19-734 (providing for appointment of a conservator to inventory the files of an attorney who is deceased or has abandoned the practice of law, and to take other appropriate action to protect the attorney's clients in the absence of a plan to protect clients' interests).
Rule 19-301.15 Safekeeping Property [MARPC 1.15] - Attorney Grievance Lawyer. (a) An attorney shall hold property of clients or third persons that is in an attorney's possession in connection with a representation separate from the attorney's own property.
Maryland Rule of Procedure 7-207 contains the requirements for a memorandum. The memorandum must include three sections: (1) what you would like the court to review (presented as a question), (2) a summary of the facts relevant to that review, and (3) your arguments as to why the court should agree with you.
