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This is a serious problem when the first client does not want the other client to have the information. The lawyer is torn between her duty of confidentiality under Rule 1.6 and her duty to keep all her clients informed under Rule 1.4.
About that, the majority said simply, not "under the facts of this case." ABA Op. 8, 2004) deals with this precise issue and cites Chase.
He also said Naomi might also be able to plead intentional interference with inheritance.
Faegre's Minneapolis office represented Star Centers in borrowing money from Consortium International.
The court held that they were sophisticated and had made no showing that there was a conflict.
The dissenting judge said that Naomi might be able to plead breach of fiduciary duty in connection with Bowen's failure to disclose his conflict of interest.
His opinion was much longer than the majority's and contained the analysis one would have expected from the majority. 95-4(1997) addressed the classic mistress situation. The opinion said that when the husband calls the lawyer (who is also doing the wife's estate plan) to prepare a codicil for his mistress, the lawyer's duty is not to tell the wife, but decline to proceed on behalf of either. The privilege rules in joint representations have been fairly well understood. If litigation erupts between the joint clients, the privilege will not apply as to information shared between them and with their lawyer. 327 (March 2005), deals with the issue of confidences in joint representation. The dissenting judge would have remanded and given Naomi an opportunity to replead. It said simply: It is our view that a lawyer who prepares a will owes no duty to any previous beneficiary, even a beneficiary he may be representing in another matter, to oppose the testator or testatrix in changing his or will and, therefore, that assisting that change is not a conflict of interest. Law Firm did estate planning for W and H, but evidently separately and at different times. It claimed that Faegre knew things about Consortium that it should have disclosed to Star Centers.