Also known as: learnedly · knowledgeable · erudite counsel
Written by attorneys · grounded in primary & secondary sources — see below
The past tense and past participle of learn, indicating acquisition of knowledge or information about a fact or circumstance.
Leonard Lowe consulted with an attorney about a potential contract dispute but decided not to retain the firm. Months later the same attorney used details Leonard had shared during the consultation to advise a new client in a related matter. The attorney violated the duty because the information had been learned from a prospective client.
Lucy Liu purchased a warehouse from a prior owner who had erected a fence that encroached on neighboring land. After acquiring title Lucy learned of the encroachment but took no steps to remove the fence. Her failure to act after learning of the tortious placement rendered her liable for continuing trespass.
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Levi Lowe contracted to buy goods from a seller who later repudiated. Levi learned of the breach on June 15 and immediately checked market prices at the place of tender. Damages were measured by the difference between that June 15 market price and the contract price.
Landon Long suffered side effects from a prescription drug. The manufacturer had provided complete risk information to the prescribing physician. Because the physician was a learned intermediary who evaluated the risks for Landon, the manufacturer avoided direct liability to the patient.
Latoya Lane was injured by a prescription medication. The manufacturer had warned the physician of known risks. The court held that the duty to warn ran only to the learned intermediary physician, not directly to Latoya.
Lance Lee learned from a client that another attorney had misappropriated client funds. Even though the client asked that no report be made, Lance was required to report the misconduct to disciplinary authorities because the information was not protected as confidential.
Yes. The rule prohibits use or revelation of information learned from a prospective client regardless of whether a client-lawyer relationship is formed.
Liability arises once the purchaser learns of the tortious placement and fails to remove the structure.
Market price is measured at the time the buyer learned of the breach.
The prescribing physician evaluates risks and benefits for the individual patient, so the manufacturer's duty to warn runs to the physician rather than the patient.
Yes. The reporting obligation under rules such as Model Rule 8.3 applies when the information is not itself confidential under Rule 1.6.
…see, the embodiment of the State of Alabama and the proper representative of the State and, furthermore, we had by that time learned more of the actual facts which the ad purported to recite and, finally, the ad did refer to the action of the State authorities and the Board of Education presumably of which the Governor…