Formal Ethics Opinion 98-411
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Formal Ethics Opinion 98-411

Formal Ethics Opinion 98-411
Product Code: 5611100411
Publication Date: August 1998
Sponsoring Entities: The Center for Professional Responsibility
Topics: Ethics & Professional Responsibility, Ethics Opinions
Format: PDF - 5611100411
Pricing: $20.00 (Regular)
About the Product

Ethical Issues in Lawyer-to-Lawyer Consultation

When one lawyer consults about a client matter with another lawyer who is not associated with him in the matter, both the consulting lawyer and the consulted lawyer must take care to fulfill their ethical obligations to their respective clients. Hypothetical or anonymous consultations thus are favored where possible. The consulting lawyer is impliedly authorized to disclose certain information relating to the representation without client consent, but may not disclose information that is protected by the attorney client privilege or that would otherwise prejudice the client. No client-lawyer relationship between the consulting lawyer's client and the consulted lawyer arises as a result of the consultation, but the consulted lawyer may be obligated to protect the confidentiality of the information disclosed to the extent that she expressly or implicitly agrees to do so or to the extent that such obligation is imposed by law. In that event, the consulted lawyer and her firm may be limited in their ability to undertake or continue representation of their own clients if the representation will be materially limited by her duty to protect the consulting lawyer's client information.

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