Thread: Lawyer question
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Old 11-08-2007, 11:04 AM   #10 (permalink)
MuadDib
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It's questionable, but it remains that the hypothetical fact of the friendship was disclosed. The implications are not facts and were left to the beneficiary to arrive at. I think the lawyer met his ethical duty by disclosing the friendship before he was retained. Believe it or not, the legal field is a relatively small community and because of that most lawyers know their fellow lawyers within their community and are friends, of a sort, with them. I assume that different from the 'good friend' situation here, but still the standard for showing an ethical violation or malpractice here is going to be pretty high.

Also, I want to point out that the implication is not so one sided. In many cases having attorneys on friendly terms with one another can be beneficial by allowing a greater latitude within the rules and by increasing the chances of a mutually beneficial settlement. Of course, if the friendship is clearly dominated by one 'friend' this could be problematic.
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