- 17 - 24(g) conflicts of interest. We find this attempt unavailing. On the records at hand, we do not find any violation of Rule 24(g) that rises to the level of fraud on the Court. A. Rule 24(g)(1) Rule 24(g) provides that an attorney’s conflict of interest under Rule 24(g)(1) may be waived by the informed consent of his or her client. It is one of our common law’s oldest principles that silence and acquiescence by the client constitutes ratification and adoption of an agent’s actions or representations. See, e.g., Feild v. Farrington, 77 U.S. 141, 146 (1870); Lone Star Life Ins. Co. v. Commissioner, T.C. Memo. 1997-465. The credible evidence in this case establishes that Jacob kept his clients informed of his actions and that he advised them regarding his conflict of interest under Rule 24(g)(1). The credible evidence also establishes, and we have found as a fact, that both petitioners gave Jacob their informed consent to continue representing them notwithstanding his involvement with the ESOP. Both petitioners recalled discussing this issue with Jacob, and they were sent copies of all Jacob’s correspondence regarding the cases. In fact, Jacob even sent petitioners copies of a letter in which he represented to respondent that he had obtained their informed consent to continue with the representation. While petitioners claim they never received this letter, we find that claim incredible.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011