Is a lawyer and his new firm subject to disqualification, notwithstanding the fact that the lawyer has been ethically screened since the date of hire, when the lawyer formerly represented a party in litigation and then joined a law firm representing an adverse party?
Can a lawyer’s signature on a settlement agreement under the notation that the lawyer approved the written agreement as to form and content evidence the lawyer’s intent to be bound by the agreement’s confidentiality provisions that extended to both the parties and their lawyers?
Contracts are cool, and there is a lot of fun in leveraging an indemnity clause.
The California Rule of Professional Conduct [CRPC] Rule 1.5.1, took effect November 1, 2018, and regulates fee sharing by lawyers who are not in the same law firm. Rule 1.5.1 includes pure “referral” fees, as well as where the attorneys share work on the case.
A well-thought-out co-counsel relationship can benefit both attorneys.
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