Yesterday, I presented on the Top 10: "Gifts" Not to Give the Plaintiffs' Malpractice Bar (Part I) and (Part II) and received some helpful feedback regarding another "bad fact" you should potentially seek to avoid - litigating over your firm's own work product.
This situation arises when your firm is asked to represent a client in litigation centering on the terms of a document drafted by you or one of your colleagues - a contract, a will, an operating agreement, etc. Where the content of the document plays a central role in the litigation, there is the potential for a conflict of interest and also a chance that the firm's own lawyers will become witnesses in the case.
Although you might navigate these potentially troublesome waters using conflict waivers and ethical screens, the safest course is to refer the representation out to another firm - preferably, one with whom you have a good relationship. This approach avoids placing undue stress on your client relationship and minimizes risk for your firm.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
