Susan, a sole practitioner, recently suffered an aneurysm an…
Susan, a sole practitioner, recently suffered an aneurysm and was advised that she could not return to work for four months. Susan delivered all of her clients’ files to Elizabeth, an experienced lawyer in another law firm. Elizabeth agreed to review each client’s file promptly, take any action necessary to protect each client’s interests, and treat the information in the files as confidential. Susan then wrote to her clients, informing each client that the client’s file had been delivered to Elizabeth for review and for any action necessary to protect the client’s interests, and that the client was free to select another lawyer. Susan knew that Elizabeth was competent. Before accepting the client files, Elizabeth conducted a conflicts check to ensure that she did not accept the file of any person whose interests were, or could be, adverse to the interests of any of the current or former clients of Elizabeth’s law firm. Was it proper for Susan to deliver the files to Elizabeth for review?