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american immigration lawyers association eb-5 ... - AILA webCLE

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(a)Owed to former clients even after the representation ends.Kilpatrick v. Wiley, Rein, & Fielding, 37 P.3d 1130 (2001).An attorney's representation of a subsequent client whoseinterests are materially adverse to a former client in a mattersubstantially related to matters in which he represented theformer client is impermissible. Maritrans GP, Inc. v. Pepper,Hamilton & Scheetz, 529 Pa. 241(Pa. 1992).2. Have limited protections. ABA Model Rules 1.6 and 1.13.(a)Broader than communications protected by attorney clientprivilege3. May not be disclosed to third parties by a lawyer without clientconsent or on certain public policy grounds(a)(b)(c)(d)(e)Implied consentIf would aid or further crimes and fraudsIf not intended as or kept confidential by clientTo benefit lawyer (in fee dispute or in defense of lawyerconduct)When lawyer is obliged otherwise to comply with law(i)(ii)Code would permit disclosureRules do not provide for this ground of disclosure(f)ABA Model Rules adopted in 2003 broadened thepermissible scope of disclosure; Rule 1.6(b) now provides:“(b) A lawyer may reveal information relating to therepresentation of a client to the extent the lawyer reasonablybelieves necessary:(1) to prevent reasonably certain death or substantialbodily harm;(2) to prevent the client from committing a crime orfraud that is reasonably certain to result in substantialinjury to the financial interests or property of anotherand in furtherance of which the client has used or isusing the lawyer's services;47us\JUCEARO\7667714.1

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