What is the evidence supporting the finding of a client's failure to seek independent counsel in relation to an investment in an investment?

California, United States of America


The following excerpt is from Rose v. State Bar, 262 Cal.Rptr. 702, 49 Cal.3d 646, 779 P.2d 761 (Cal. 1989):

Finally, although petitioner told Fultz she could consult another attorney regarding the investment, he did not advise her to do so and, to the contrary, implied it was unnecessary because he would be looking out for her interests. When an attorney enters into business dealings with a client, "it is incumbent upon the attorney entering into such transactions to advise the client to seek independent counsel ... [and] failure to do so constitutes a violation of rule 5-101." (Ritter v. State Bar, supra, 40 Cal.3d 595, 602, 221 Cal.Rptr. 134, 709 P.2d 1303.) The evidence thus establishes petitioner's violation of rule 5-101.

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