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Case Citations [i] (Fall 2025)

handle is hein.ali/rettlglyrs0070 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2025 Citations THE LAw GOVERNING LAWYERS 3D CHAPTER 2. THE CLIENT-LAWYER RELATIONSHIP TOPIC 1. CREATING A CLIENT-LAWYER RELATIONSHIP § 14. Formation of a Client-Lawyer Relationship S.D.N.Y.2024. Cit. and quot. in sup. Client sued attorney and firms owned by attorney that client retained to manage her career in the entertainment industry, seeking a declaration, among other things, that the engagement agreement between the parties was void or subject to rescission. After dismissing client's claim related to the engagement agreement with prejudice, this court granted in part client's motion for leave to file a second amended complaint, holding that, under New York law, client stated a claim that attorney's firms breached the engagement agreement by alleging that attorney and firms impermissibly delegated legal work to another law firm when, pursuant to the agreement, they promised that they would not delegate those services without client's consent. The court cited Restatement Third of the Law Governing Lawyers § 14 in explaining that a client's retention of an attorney or law firm did not ordinarily permit the attorney or firm to retain an attorney outside the firm at the client's expense to represent the client without the client's authorization. Spencer-Smith v. Ehrlich, 347 F.R.D. 606, 629. TOPIC 3. AUTHORITY TO MAKE DECISIONS § 22. Authority Reserved to a Client Ala.2023. Com. (d) quot. in conc. op. Brother of patient who was injured in a car accident, who possessed a power of attorney to act on patient's behalf, filed a malpractice action against medical providers who treated patient and signed a release on patient's behalf pursuant to a settlement reached by his attorney; after patient's death, personal representative of patient's estate, who was substituted as plaintiff, filed an amended action to assert a wrongful-death claim against the other driver involved in the accident. The trial court granted summary judgment for driver, finding that the estate's claims were barred by the release executed by brother. This court reversed in part and remanded, holding that the entry of summary judgment was improper, because there were genuine issues of material fact as to COPYRIGHT C2025 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.