Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
Attorney A1 employs attorney A2 (only A1's name is in the firm's name). Years later, A2 employment ends.
More years later, A2's husband and party B1 engage & complete 2hrs of attorney services from A1. A1 did not present in any fashion to B1 his history of years ago previously being an employer of the wife (A2) of the now A1's current one of two joint clients, A2's husband.
One year later, same exact occurs.
Two more years later, B1 this time became finally aware about the employment relationship between A1 & A2 prior; verbal only; and not from A1, nor A2's husband, nor A2. A2's husband & party B1 again engage services of A1 & because services needed become over 2hrs, A2's husband and party B1 now retained with A1.
Issues, now many are occurring.
Q1: was A1 in all 3 above attorney client encounters with the joint-client party of "A2's husband and B1" required (in its strictest meaning; i.e. far more than just "suggested") to have 1st procured written informed consent from B1 because A1 had been a prior employer of A2's husband's wife?
Response 1: Yes.
Q2: Do/must/are informed written consents required to be maintained within client files?
Response 2: Yes, by professional malpractice carriers, which require that all agreements with the clients be in writing and be maintained in case of legal malpractice claim. Also, by the bar, which requires that all agreements with clients be in writing and the records of them kept.
Q3: For how long are attorney client files required to be kept?
Response 3: There is no set specific time frame for this. When to discard is at the judgment of each Attorney considering the circumstances in the case. There are numerous opinions on this question. Click on the links below review some of the opinions on the subject.