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F.3d 722, 725 (2d Cir. 1994) (relationship between attorney and
client attorney represents is one of agent and principal); Morrow
Crane Co. v. Affiliated FM Ins. Co., 885 F.2d 612 (9th Cir. 1989)
(principal is deemed to know what agent knows concerning those
matters in which agent has power to bind principal); 1
Restatement, Lawyers 3d, sec. 28 (1998) (information imparted to
a lawyer during and relating to the representation of a client is
attributed to the client for the purpose of determining the
client’s rights and liabilities in matters in which the lawyer
represents the client). Attorneys having such information are
duty bound to communicate it to their clients. See Phillips v.
Woodford, 267 F.3d 966, 984 n.11 (9th Cir. 2001) (attorney must
explain the matter in a manner reasonably necessary to permit the
client to “make informed decisions” regarding the
representation); Model Rules of Profl. Conduct, R. 1.4(a), cmt. 5
(2004) (“For example, when there is time to explain a proposal
made in a negotiation, the lawyer should review all important
provisions with the client before proceeding to an agreement”); 1
Restatement, supra, sec. 20 (a lawyer must keep a client
reasonably informed about the matter and must consult with a
client to a reasonable extent concerning decisions to be made by
the lawyer).
On the documents before us, Messrs. O’Donnell’s and Jones’s
awareness of the Sims/McWade/DeCastro misconduct can be traced to
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