Written by attorneys · grounded in primary & secondary sources — see below
An adverb in formal legal writing that denotes connection or association with a matter previously mentioned.
Jordan sent Glen a letter offering partial reimbursement in exchange for a release of malpractice claims. The letter advised Glen he may consult independent counsel regarding the matter. Glen signed the release the next day without obtaining advice. The release is unenforceable because the writing failed to convey the desirability of seeking counsel in connection therewith.
Talia Torres sought to avoid an arbitration clause in her wireless contract with TechVista Solutions. The company moved to compel arbitration under the Federal Arbitration Act. The court examined whether formation defenses applied to the agreement. Torres could not show grounds related to the making of the agreement for arbitration or the failure to comply therewith.
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Tiana Tan sued a publisher after a magazine article portrayed her family in a false light. The article used her name and likeness in connection with a dramatized event. The court considered whether the use fell within statutory exceptions for commercial speech. The publisher argued the portrayal was protected because the likeness had been sold or disposed of with such name used in connection therewith.
Threshold Capital owned a historic terminal designated as a landmark. The company sought to build an addition that would alter protected features. The commission denied a certificate of appropriateness because the proposal would not be in harmony therewith. The denial prompted a takings challenge under the Fifth Amendment.
Tanya Tang's family sought to discontinue artificial nutrition for her after a car accident left her in a persistent vegetative state. Missouri required clear and convincing evidence of her wishes before withdrawal. The court reviewed whether the state could interfere with her liberty interest in refusing treatment. The evidence of her prior statements was examined in connection therewith.
Travis Tate was convicted by a jury that included a juror who expressed racial animus during deliberations. The defense sought to introduce an affidavit describing the statements. The trial court applied Colorado Rule of Evidence 606(b) to bar inquiry into matters occurring during deliberations. The Supreme Court held that the Sixth Amendment requires an exception when statements show racial bias in connection therewith.
The phrase requires the lawyer to affirmatively advise an unrepresented client of the desirability of seeking independent counsel and to provide a reasonable opportunity to do so. A neutral statement that the client may consult counsel is insufficient. The writing must convey the wisdom of obtaining separate advice before the client signs a release.
The rule applies to both unrepresented clients and former clients when settling malpractice claims. It protects parties who lack independent representation at the time of the settlement discussion. The requirement of written advice and opportunity for counsel is the same regardless of current or former status.
The release remains unenforceable if the lawyer failed to provide adequate written advice or a reasonable opportunity to seek counsel. The client's decision to sign promptly does not cure the lawyer's noncompliance with the rule. Courts focus on whether the required safeguards were in place before the client acted.
…or alteration on the ground that it will not change or affect any architectural feature of the landmark and will be in harmony therewith. See § 207-5.0. Denial of the certificate is subject to judicial review. Second, the owner may apply to the Commission for a certificate of “appropriateness.” See § 207-6.0. Such…