Monday, September 19, 2016

Conflicts News: Consistently Checked, Sides Switched



Randy Evans and Shari Klevens, Dentons US partners remind us: "Consistent Conflicts Checks Are Critical" --
  • "Most lawyers dread the process of checking, evaluating and resolving conflicts of interest. Perhaps it's because 'conflicts' issues seem to focus on why a lawyer must (or should) decline a new representation rather than how to get the business in the door. And yet unidentified or unresolved conflicts cost lawyers and their firms clients, money, and headaches."
  • "Given the demands of modern legal practice and competition for new business, it is far easier to immediately undertake a new representation when a potential client walks in the door without performing even a rudimentary conflicts check. But when it comes to conflicts, haste really does make waste."
  • "Developing a conflicts system is relatively painless, but implementing and complying with it 100 percent of the time is challenging. As luck would have it, the one representation that escapes the system could be the one that creates the most problems. Oftentimes, the reasons for pushing aside the conflicts process for that one representation (too important, too complicated, too rushed) are the same reasons the conflicts analysis was so imperative."
Next up: "Polsinelli Hires Trigger Attys' DQ In Texas Employment Suit" --
  • "A Texas federal judge blocked Polsinelli PC and Novak Druce Connolly Bove & Quigg LLC attorneys Thursday from representing two plaintiffs with a breach of contract and employment suit against Parker-Hannifin Corp., saying that lawyers switching sides have created a conflict of interest."
  • "In considering Parker’s request for the removal of opposing counsel, the judge disagreed with the company’s argument that there were substantial similarities between work Novak Druce had done for the plaintiffs in the sale of their company and transfer of assets to Parker and the intellectual property matters Novak had handled for Parker."
  • "But U.S. District Judge Gray Miller said there was a reasonable chance that information held by Novak Druce from prior patent work for Parker would be used to the company's disadvantage in the current case, which includes a claim carrying potential damages that would be pegged to the value of the patents."


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