Monday, July 20, 2009

Should there be a duty to report your own negligence during the representation?

The Legal Profession Blog is reporting today that the Minnesota Lawyers Professional Responsibility Board has proposed the adoption of Opinion No. 21, which states that a lawyer who knows that his or her conduct could reasonably be expected to be the basis for a malpractice claim by a current client, the lawyer should disclose any significant risk that continued representation of the client will be materially limited by the personal interest of the lawyer and should advise the client to seek independent legal advice about the potential claim and the lawyer’s continued representation.

For the full story and comments on it go here and here.

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