Q: Dear Ethics Lawyer, Several years ago I documented and closed a business deal for a client. The other party is now using what it considers a loophole in the contract to refuse to make a substantial payment that would otherwise be due. The client has made it pretty clear that he considers the loophole to be my fault, but wants our firm to advise him on whether he should accept a compromise being offered by the other side to mitigate the loss, and if not, whether to pursue litigation. What issues does this present?
Continue Reading May 16 Issue – Potential Claim as “Material Limitation”The twice-monthly “Dear Ethics Lawyer” column is part of a training regimen of the Legal Ethics Project, authored by Mark Hinderks, former managing partner and counsel to an AmLaw 200 firm. Read More
May 2022
May 2 Issue – Confidentiality and Relationships
By Mark Hinderks on
Q: Dear Ethics Lawyer, I met my life partner in law school and am now happily married. We both practice law and we enjoy sharing with each other the experiences and challenges of our professional lives. Today, I began work on a type of matter that my spouse has handled before, so I’d like to explain the situation to them confidentially (we’ve agreed we would never share with others anything we discuss between us) and ask for their input on some aspects of it. Are there issues with this? What if we talk only in hypotheticals, without identifying parties or the specific matter?
Continue Reading May 2 Issue – Confidentiality and Relationships