Leaks, Lies, and the Moonlight: Fiduciary Duties of Associates to Their Law Firms

23 Pages Posted: 16 Feb 2010 Last revised: 24 Jul 2010

Susan Saab Fortney

Texas A&M University School of Law

Date Written: February 12, 2010

Abstract

This symposium article examines the fiduciary duties of law firm associates. After applying agency principles to the firm-associate relationship, the article analyzes specific duties and discusses cases involving alleged breaches of fiduciary duties by associates. It explores associate duties in the current legal, organizational, and socio-technological environment in which associates practice. The article closes with observations on the importance of firm principals considering the effect of firm culture on associate attitudes and conduct.

Keywords: law firm, associate culture, fiduciary duty, confidentiality, electronic communications, business entities

JEL Classification: K19

Suggested Citation

Fortney, Susan Saab, Leaks, Lies, and the Moonlight: Fiduciary Duties of Associates to Their Law Firms (February 12, 2010). St. Mary's Law Journal, Vol. 41, No. 4; Texas Tech Law School Research Paper No. 2010-17. Available at SSRN: https://ssrn.com/abstract=1552175

Susan Saab Fortney (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States
817-212-3902 (Phone)

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