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Attorneys

Attorneys – Attorney-Client Privilege – Confidential Information – Bankruptcy – Trustee’s Subpoena – Deposition (access required)

Callaway v. Cofield An attorney who formerly represented a bankruptcy debtor may be deposed by the bankruptcy trustee. Issues of attorney-client privilege will be handled on a question-by-question basis, and the attorney is hereby ordered to respond to questions which involve confidential information that is not covered by the attorney-client privilege.

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Attorneys – Attorney-Client Privilege – Confidential Information – Bankruptcy – Trustee’s Subpoena – Deposition (access required)

Callaway v. Cofield An attorney who formerly represented a bankruptcy debtor may be deposed by the bankruptcy trustee. Issues of attorney-client privilege will be handled on a question-by-question basis, and the attorney is hereby ordered to respond to questions which involve confidential information that is not covered by the attorney-client privilege.

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Attorneys – Fees – Contract – Conflict of Interest – Incompetent – Civil Practice – Collateral Estoppel (access required)

Keyes v. Johnson Where our Court of Appeals held, In a guardianship proceeding, the clerk of court found a conflict of interest and removed the plaintiff-attorney as counsel for defendant’s ward and the ward’s wife. Since the attorney did not appeal that order, she was collaterally estopped from seeking fees pursuant to her contract with the ward and his wife, we affirm in part and find that discretionary review was improvidently allowed in part.

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Attorneys – Tort/Negligence – Legal Malpractice Claim – Civil Practice – Statute of Repose – Taxation (access required)

Carle v. Wyrick, Robbins, Yates & Ponton, LLP Even if plaintiffs’ cause of action did not accrue until the IRS issued a final assessment in 2010, and even though the defendant-attorneys continued to provide services to plaintiffs on related matters, since the attorneys’ role in plaintiffs’ business transaction – which resulted in their tax liability – was complete on June 10, 2005, plaintiffs’ Jan. 25, 2010 legal malpractice claim is barred by the four-year statute of repose.

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Attorneys – Firm Dissolution – Limited Liability Company Act – Asset Liquidation – Contingent Fee Contracts – First Impression (access required)

Mitchell, Brewer, Richardson, Adams, Burge & Boughman v. Brewer When a law firm that was organized as a limited liability company splits up, contingent fee engagements are assets of the LLC. In order to liquidate the LLC, profits from the contingent fee engagements must be divided, based on the attorney-hours expended before and after the LLC’s dissolution.

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