Anyone who has practiced family law for any length of time, or has been involved as a party in a hotly-contested family case, has sent or received a C-Y-A letter. This is sometimes referred to as an "informed consent" letter to confirm a conversation with a client who may later have selected memory loss as to what the lawyer advised or warned, or insists on acting contrary to the lawyer's advise, or directs the lawyer to a certain course of conduct in the case (contrary to the attorney's advise). For example, the lawyer tells the over-the-road trucker who is gone 28 of 30 days a month that his chances at being awarded custody are zero, yet he insists on going to trial, and is warned that the trial is going to cost about $20K. Many lawyers will send the client a CYA letter to confirm the conversation, the advise, and the client's direction to the lawyer.
A lawyer may also send a CYA letter confirming that the course of conduct requested by the client is unethical (or worse, illegal) and the lawyer will not follow the client's direction, and that if the client persists in such direction, the lawyer must withdraw from representation.
Here is a link to a good artricle on this subject, but BE FOREWARNED, the article contains SOME PROFANITY:
Linkhttp://www.minnesota-litigator.com/2013/02/27/practice-law-cya-memo-lawyers-standard-care/?utm_source=WhatCounts+Publicaster+Edition&utm_medium=email&utm_campaign=Sidebar%3a+Clients%27+%27informed+consent%27+and+on+being+crazy+busy&utm_content=Minnesota+Litigator
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