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    Formal Ethics Opinion 98-411 (downloadable pdf)

    Formal Ethics Opinion 98-411 (downloadable pdf)

    Formal Ethics Opinion 98-411 (downloadable pdf)

    Ethical Issues in Lawyer-to-Lawyer Consultation When one lawyer consults about a client matter with another lawyer who is not associated with him in the matter, both the consulting lawyer and the consulted lawyer must take care to fulfill their ethical obligations to their respective clients.

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    Hypothetical or anonymous consultations thus are favored where possible. The consulting lawyer is impliedly authorized to disclose certain information relating to the representation without client consent, but may not disclose information that is protected by the attorney client privilege or that would otherwise prejudice the client. No client-lawyer relationship between the consulting lawyer's client and the consulted lawyer arises as a result of the consultation, but the consulted lawyer may be obligated to protect the confidentiality of the information disclosed to the extent that she expressly or implicitly agrees to do so or to the extent that such obligation is imposed by law.

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    8/1/1998 12:00:00 AM

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