1985 ADVISORY ETHICS OPINIONS

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85-09 A firm does not violate the Code of Professional Responsibility when it accepts as client a person referred by the spouse of a non-lawyer employee.

85-08 A law firm cannot continue to represent a defendant in a civil action after hiring a law student-clerk who has already performed extensive work on the same case while employed by the law firm representing the plaintiff.

85-07 It is not an attorney's duty to protect the confidential communications of a client so extensively that it requires the lawyer to purge the file of notes of those communications.

85-06 An attorney may represent a corporate client in administrative litigation where he has formerly represented another client in a commercial transaction, learned no confidences or secrets of the transaction, and there is no substantial relationship between the work undertaken for the former client and the present administrative litigation.

85-05 An attorney who represented a married couple in another matter may not reveal any confidence or secret to one spouse's attorney in a pending divorce action, without consent and full disclosure.

85-04 An attorney violates no provision of the Code by holding in escrow funds of his client upon which second attorney claims an attorney’s lien, and which were obtained by the attorney through the second attorney's endorsing an insurance company settlement check which had been made payable to both attorneys.

85-03 Although attorneys entering into settlement agreements are expected to abide by such agreements, it would not be unethical for the requesting firm to ask the court, after the fact, to re-open the question of whether attorney’s fees, allowed by statute, should be awarded.

85-02 Where a partner in a law firm represents the husband in a divorce action a former associate of the firm who worked for the firm during the time the firm represented the husband may represent the wife in the same litigation provided the former associate gained no knowledge of the divorce action while employed by the firm and had no involvement in the firm’s representation of the husband.

85-01 Not published.



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1978-Present Index to the Advisory Ethics Opinions of the VBA Committee on Professional Responsibility