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Under the recently announced settlement, lawyers participating in the agreement must recommend to all of his or her clients that they participate in the settlement, and if they don’t agree to participate, the attorney must take steps to withdraw from the representation. That provision is causing many attorneys to consider whether participation in the agreement requires them to violate any of their ethical obligations. This issue is addressed in detail in a recent Texas Lawyer article on the Vioxx settlement.

I don’t know enough about the settlement to have a real opinion on this, but as an attorney that prosecutes legal malpractice claims, we will be following this story.

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