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Formal Opinion No. 492 states that a lawyer who receives information that “could be significantly harmful” from a prospective client and then represents a client in the same or a substantially related matter where that client’s interests are materially adverse to those of the prospective client violates Model Rule 1.18(c), unless the conflict is waived by the prospective client. Whether information that “could be significantly harmful” has been disclosed by a prospective client is a fact-specific inquiry and determined on a case-by-case basis.

Jeffrey Yao comes to Berkley Select having over 20 years in the property & casualty industry and hold his Juris Doctorate from the University of Pittsburgh School of Law. Jeff has extensive expertise having held claims leadership roles with a focus in areas of Management Liability and Professional Liability.

Alastair Shore has over 30 years of experience in the property casualty insurance business and holds the Fellow of both the Casualty Actuarial Society (FCAS) and the Institute of Actuaries (FIA). He is also a member of the American Academy of Actuaries. Alastair has held various leadership roles for major insurance companies including Chief Financial Officer, Chief Risk Officer, and Chief Actuary.

These are turbulent times. Like many businesses and individuals who are struggling to pay bills and stay afloat, clients may also be struggling to pay fees. Pursuing a fee claim under these circumstances would be problematic for a variety of reasons. Aside from the obvious destruction of the business relationship, fee claims typically elicit cross-claims for malpractice and breach of fiduciary duties.

The Covid-19 pandemic has altered how we interact with our clients, third parties and each other. It has required the legal profession to begin working from home virtually overnight. Naturally, this has led to a search for effective video conferencing technology that will allow lawyers to remotely hold meetings and conduct depositions. As with any technology, the use of video conferencing technology has its risks, especially for lawyers who have never used it before.