October 2011
Duty to former clients
A law firm owes a fiduciary duty to its former client, which includes, among other obligations, the obligation not to act in a manner adverse to her interests in matters substantially related to the prior representation. Whether the law firm breached a duty is a question of fact for a jury to determine. However, whether a fiduciary relationship exists between two classes of persons is a matter to be determined by a court.
Spence v. Wingate, No. 27055 (S.C. Sup. Ct., Oct. 17, 2011) (Shearouse Adv. Sh. No. 36).