Brief Fact Summary. Major law firm Kirkland and Ellis was simultaneously representing two opposing parties in matters dealing with trade practices in the uranium industry.
Synopsis of Rule of Law. Conflicts of interest in large law firms, especially regarding firms representing trade associations as well as their opponents.
May an attorney-client relationship arise when a lay party submits confidential information to a law firm under the belief that the firm will be representing him?
May a firm representing a trade association also represent interests opposing members of that association?
The court declined to create a per se rule that representation of a trade association creates an attorney-client relationship with each member of the association, but clearly stated that this may create such a relationship depending on the circumstances.
Although this may be more of a problem in other situations, the Court allows this as the representations were taken on ten years apart.
A fiduciary relationship may result because of the nature of the work performed and the circumstances under which confidential information is divulged.View Full Point of Law