The theme for this article is ‘diligence,’ that is, the attorney’s obligation in different contexts to act diligently in protecting his or her client’s secrets and avoiding conflicts of interest. In one case, a court held a defense attorney in a Fair Labor Standards Act (FLSA) case was held to have waived the attorney/client privilege because he failed to rectify the inadvertent disclosure diligently and in a timely manner. In another, a court disqualified the plaintiff’s law firm because the firm, having hired an associate from the adversary’s law firm, failed, among other things, to screen the associate from the case properly. Each of these cases teaches the importance of paying attention to the rules.
New Jersey State Bar Association, New Jersey Labor and Employment Law Quarterly, Vol. 33, No. 4