Q: Dear Ethics Lawyer, I am a business lawyer negotiating with an opponent over the price to acquire a non-public company. May I state that the business is only worth $10 per share, although I have an expert evaluation opinion at $15 per share? May I also state that $12 per share is “all I will offer” if my client in fact has given me authority to go up to $15 per share?
Continue Reading September 15 Issue – Negotiation EthicsThe 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
September 2022
September 1 Issue – Business Transactions with Clients
Q: Dear Ethics Lawyer, I represent a good friend who has built a very successful business. He offered me an opportunity to join with him to start a different new business venture together. I met with him and told him that in negotiating or putting together the terms of the venture with him I would not be acting as his counsel and that he should consider seeking independent counsel. The deal we put together is fair and reasonable to my friend, who also told me that he consents to my involvement in the transaction while continuing to represent him in other legal matters. I went ahead with the transaction. Have I done anything unethical?
Continue Reading September 1 Issue – Business Transactions with Clients