Tn Attorney Retainer Agreement

[19] When transmitting a notification containing information about a client`s representation, the lawyer must take appropriate steps to prevent the information from being passed on to unwitting recipients. However, this obligation does not require counsel to refer to specific security measures where the method of communication provides an adequate expectation of privacy. However, special circumstances may warrant special precautions. Factors to consider in determining the adequacy of the lawyer`s expectation of confidentiality include the sensitivity of the information and the extent to which the confidentiality of communications is protected by law or a confidentiality agreement. A client may require counsel to implement special security measures that are not required by this rule, or may knowingly accept the use of a means of communication that would otherwise be prohibited by this rule. The question of whether a lawyer may be required to take additional steps to comply with other laws, such as. B national and federal data protection laws, goes beyond the scope of these rules. [13] Paragraph b) (6) recognizes that lawyers from different law firms may be required to disclose limited information to each other in order to detect and resolve conflicts of interest. For example, when a lawyer is considering a relationship with another firm, two or more companies are considering merging, or a lawyer is considering buying a law firm. See RPC 1.17, Comment [7]. Under these circumstances, lawyers and law firms are allowed to disclose limited information, but only if substantial discussions have taken place about the new relationship. As a general rule, such disclosure should not include more than the identity of the persons and entities involved in a case, a brief summary of the general issues related to it, and information on whether the matter has been resolved.

However, even this limited information should only be disclosed to the extent reasonably necessary to detect and resolve conflicts of interest that may result from the potential new relationship. In addition, disclosure of information is prohibited if it infringes solicitor-client privilege or otherwise affects the client (. For example, the fact that a company president consults the board in the event of a takeover that is not publicly announced; a person has consulted a lawyer on the possibility of a divorce before the spouse is aware of the person`s intentions; or that a person has consulted a lawyer on a criminal investigation; which did not give rise to a criminal investigation, which did not result in a public charge).

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