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.
Formation Of Attorney Client Relationship California In Santa Clara
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State:
Multi-State
County:
Santa Clara
Control #:
US-000295
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Word;
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Local Rule 7-3 states, in relevant part: Unless otherwise provided for in these Rules, counsel contemplating the filing of any motion shall first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution.
Paragraph (c) provides that a lawyer is barred from representing a client with interests adverse to those of the prospective client in the same or substantially-related matter if the lawyer received material confidential information from the prospective client which is material to the matter.
(a) A lawyer shall not, without informed written consent from each client and compliance with paragraph (d), represent a client if the representation is directly adverse to another client in the same or a separate matter.
Rule 1.7(a) sets out the limited circumstances in which representation of conflicting interests is absolutely prohibited even with the informed consent of all involved clients. Rule 1.7(b) sets out those circumstances in which representation is barred in the absence of informed client consent.
Rule 701(e) requires disclosure, including financial statement disclosure under certain circumstances. The Commissioner concludes that the sufficiency of federal regulation, as well as the interest in uniform regulation of national offerings, justifies exempting Rule 701 offerings from Section 260.140.
As lawyers, we owe duties of professionalism to our clients, opposing parties and their counsel, the courts and other tribunals, and the public as a whole. Those duties include among others: civility, professional integrity, personal dignity, candor, diligence, respect, courtesy, cooperation, and competence.
(a) A lawyer employed or retained by an organization shall conform his or her representation to the concept that the client is the organization itself, acting through its duly authorized directors, officers, employees, members, shareholders, or other constituents overseeing the particular engagement.
An attorney-client relationship can be created by express or implied agreement. Except when created by court appointment, the attorney-client relationship may be found to exist based on the intent and conduct of the parties and the reasonable expectations of the potential client.