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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Facts: Lawyer A represents Client Z in a civil action and hires Lawyer C from another firm as co-counsel. The engagement letter states that information reasonably necessary to represent Client Z may be shared between the two firms, but requires informed consent before disclosing any confidential information. Without informing Client Z, Lawyer A provides Lawyer C with Client Z’s confidential pleadings, internal trial notes, and a draft settlement posture. Lawyer C uses these materials to draft a pivotal motion. Client Z objects when she learns of the disclosure. (a) Identify the governing principle in Sec. 2 Collaboration with other Counsel. (b) Distinguish the controlling rule for proper collaboration, including when client consent is required, how confidentiality applies, and the permissible scope of sharing information among co-counsel. (c) Apply to the facts: did Lawyer A violate Sec. 2? What are the potential sanctions or remedies, and what steps should be taken to rectify the situation and prevent recurrence?

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Lawyer A violated Sec. 2 by disclosing confidential information to co-counsel without the client’s informed consent; the likely consequences include disciplinary action (e.g., reprimand or suspension) and remedial steps such as retrieving or limiting access to the materials, notifying the client, obtaining retroactive consent if feasible, and instituting safeguards to prevent recurrence. The issue concerns only attorney-client privilege, not Sec. 2; therefore there is no breach; the remedy would be to preserve privilege and proceed as if the matter were privileged. Retroactive client consent after the fact cures the breach and validates the prior disclosure and use of the materials. A protective order from the court is the sole remedy; CPRA Sec. 2 does not impose any direct sanction on the lawyers.

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