Umberg/Zipser LLP attorney, Todd Smith, has authored an insightful article for the Orange County Lawyer (November Issue) published by the Orange County Bar Association (OCBA). The article is entitled “I Just Met You…This is Crazy…An Examination of Ethical Duties Owed to Prospective Clients—Even If You’re Not Retained.”
In the article, Todd discusses ethical duties that arise when a lawyer consults with a prospective client, as well as tips for avoiding potential conflicts of interest that can arise from such a consultation.
As Todd notes, “Given the draconian consequences that can result if adequate safeguards are not taken during consultations with potential new clients, which can include disqualification of an entire law firm, it is important for all lawyers to understand their ethical duties when interacting with prospective clients.”
Todd practices complex business litigation in state and federal courts, with an emphasis on defending law firms and lawyers in legal malpractice actions. Todd is a key member of the U/Z lawyer liability and legal ethics practice group. They are regularly called upon to defend attorneys against claims of legal malpractice, breach of fiduciary, and fraud, as well as disqualification motions and other claimed ethical violations. U/Z also regularly advises lawyers and law firms on legal ethics and other professional responsibility issues.
Click here to download reprinted article from OC Lawyer November 2024 edition.
