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Conflict of interest troubles with sharing work product among law firms

Some departments insist that their outside lawyers provide them with electronic versions of memos, briefs and agreements. The departments have in mind the cost savings that can result from them sharing appropriate work product with other firms, who will charge less because some of their work has been done for them.

The trouble is, to do so may spawn conflicts of interest. For example, a law firm that has access to a brief may be on the other side of that brief in a related law suit. That said, I still recommend gathering and sharing work product.