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Joint Defense Agreement doesn’t prevent suit for malpractice

Joint Defense Agreement doesn’t prevent suit for malpractice

Joint Defense Agreement doesn’t prevent suit for malpractice

In a case of apparent first impression, the Court of Appeals of Indiana has ruled that a Joint Defense Agreement between a lawyer and a client allowing them to share confidential information in defense of criminal charges by the Internal Revenue Service does not prevent the client from suing the lawyer for theft, malpractice and breach of fiduciary duty. It has affirmed a trial court decision that barred the suit. Charles Brown hired attorney David Price to draft a charitable remainder unitrust, which Brown executed in 1995. Brown later named Price as trustee of the trust. In 2006, the Department of Justice filed criminal charges against Brown and expanded the indictment to include Price in...

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