In this complaint, plaintiff charges defendants with intentional interference with the attorney/client relationship. The plaintiff states that the actions of the defendants in interfering with the attorney/client relationship were willful, wanton, malicious and obtrusive and that punitive damages should be accessed against the defendants.
Define Attorney-client Relationship In Law In Ohio
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Under Ohio law, a privilege log must at least "state that communications were made between attorney and client for the purpose of procuring legal advice or representation." Cargotec, Inc. v. Westchester Fire Ins. Co., 155 Ohio App.
Ohio Revised Code § 2317.02 states that an attorney may not testify concerning communications made to the attorney by the client, except under specific circumstances. The statute covers mostly testimonial disclosures and anything not covered by the statute is governed by the common-law privilege.
This situation would breach Rule 1.9, which prohibits a lawyer from representing a client in a matter substantially related to one in which they had previously represented another client. In this case, the attorney would possess confidential information from the prior representation that could harm the current client.
Ohio Revised Code § 2317.02 states that an attorney may not testify concerning communications made to the attorney by the client, except under specific circumstances. The statute covers mostly testimonial disclosures and anything not covered by the statute is governed by the common-law privilege.
Rule 8.3 requires a lawyer to report "unprivileged knowledge of a violation of the Ohio Rules of Professional Conduct that raises a question as to any lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects." Thus, there are two triggers to a lawyer's reporting duty under Rule 8.3.
Rule 3.7 - Lawyer As Witness (a) A lawyer shall not act as an advocate at a trial in which the lawyer is likely to be a necessary witness unless one or more of the following applies: (1) the testimony relates to an uncontested issue; (2) the testimony relates to the nature and value of legal services rendered in the ...