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His opinion was much longer than the majority's and contained the analysis one would have expected from the majority. 95-4(1997) addressed the classic mistress situation. The opinion said that when the husband calls the lawyer (who is also doing the wife's estate plan) to prepare a codicil for his mistress, the lawyer's duty is not to tell the wife, but decline to proceed on behalf of either.
The dissenting judge would have remanded and given Naomi an opportunity to replead.
For example, the lawyer may reasonably conclude that failure to disclose one client's trade secrets to another client will not adversely affect representation involving a joint venture between the clients and agree to keep that information confidential with the informed consent of both clients. The Restatement deals with joint representations in a non-litigation setting at § 130. A case that discusses this issue in detail, including the Restatement’s position, is A. Litigation ensued, and the New Jersey Supreme Court, in a comprehensive analysis, found that the firm had discretion to tell the wife.
The black letter says that consent may allow a lawyer to continue on behalf of fewer than all the clients if a conflict develops. The court specifically adopted the analysis of Comment l to § 130 of the Restatement.
If litigation erupts between the joint clients, the privilege will not apply as to information shared between them and with their lawyer. 327 (March 2005), deals with the issue of confidences in joint representation.
The privilege will continue to protect that information as to the outside world. If one client reveals something to the lawyer in confidence, and the information would be important to the other client, the law must withdraw. Other authorities dealing with confidences and joint representation are: In re H.
After several failed attempts to consummate the loan, and while the matter was pending, Faegre's Denver office began defending Consortium in litigation pending in Denver.
It said simply: It is our view that a lawyer who prepares a will owes no duty to any previous beneficiary, even a beneficiary he may be representing in another matter, to oppose the testator or testatrix in changing his or will and, therefore, that assisting that change is not a conflict of interest.
After Reah passed away, and Naomi discovered the change, Naomi sued Bowen. The appellate court affirmed, providing almost no analysis.
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