Conflict of Interest ( Page 2 )

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Recording

Recording Your Clients Without Their Consent May Be Illegal As Well As Unethical

In the wake of the discovery that Michael Cohen had covertly taped a conversation between himself and Donald Trump, the following question has been raised: is it ever permissible to record a conversation with a client without obtaining his or her consent? Recording
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Defendant

An Unappealing Turn of Events–Defendant Alleges Ineffective Assistance of Counsel Despite Waiver of Appeal

On October 30, 2018, The United States Supreme Court heard arguments in the case of Garza v. Idaho to decide whether a criminal defendant’s counsel is presumptively ineffective if counsel declines to file an appeal of a conviction because the defendant already waived the right to appeal in his plea.
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Picking

Picking Favorites? Not So Fast, Says Massachusetts Federal Court

On July 26, in Altova GmbH v. Syncro Soft SRL, the United States District Court for the District of Massachusetts held that Sunstein Kann Murphy & Timbers LLP (“Sunstein”) violated its duty of loyalty to Syncro Soft (“Syncro”) by dropping Syncro in favor of its more profitable client, Altova, in Altova’s patent infringement action against Syncro. Judge Pattis Saris granted Syncro’s motion to disqualify Sunstein. Picking
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Attorney

Attorney is Disqualified From Representing Parent After Partner Served as GAL

According to a recent opinion from the Illinois State Bar Association, a lawyer cannot represent a parent in a custody or child support case because another lawyer at the firm, who had worked as a solo practitioner previously, had represented the child as a court-appointed guardian ad litem in a visitation matter. Attorney
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