Q: Dear Ethics Lawyer, In a confidential interview in connection with a civil case, one of my client’s corporate officers told me that she did not remember if she became aware of a critical accounting issue at the company before or after a sale of stock in question. At trial, you do not ask her about the matter on direct, but on cross examination by the opposing lawyer she testifies definitively that she is certain the issue only came to light after the stock sale. Do I have an obligation to disclose the client’s earlier statement to the court or the opponent? What do I do?
Continue Reading August 15 Issue – Duty to Correct False TestimonyThe 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
August 2022
August 1 Issue – Client Confidences Affecting Waiver Requests
By Mark Hinderks on
Q: Dear Ethics Lawyer, A former law school classmate newly-appointed as a corporate GC asked me to represent his company to file a pre-emptive suit in a favorable forum against a competitor. He told me that based on internal documents they believe the suit probably only has a 40% to 60% chance of success, but by getting to the favorable forum, they hope to press for an early settlement. I ran a conflict check and discovered that the firm represents the opposing party in a small unrelated real estate matter. What can I do to be able to proceed? This could be a really big ongoing client.
Continue Reading August 1 Issue – Client Confidences Affecting Waiver Requests