Q: Dear Ethics Lawyer, We live in a complicated world. I’ve been a lawyer for a while now, and most of my friends and acquaintances are lawyers who do more or less the same things I do, and I’m dating (non-exclusively) another lawyer who also has a similar practice (in another firm). In representing clients, I often find myself opposite a friend or acquaintance, and now have a matter opposite the lawyer I have a dating relationship with. I’m struggling whether any of this needs to be disclosed to clients, requires a waiver, or is just flat out-of-bounds.
Continue Reading November 15 Issue – Issues from Personal RelationshipsThe 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
November 2022
November 1 Issue – Inadvertent Receipt of Confidential Information
By Mark Hinderks on
Q: Dear Ethics Lawyer, I just received an email from an opposing lawyer with whom I’ve been negotiating a deal. It looks like he may have inadvertently hit “reply” rather than “forward,” as he appears to be talking to a business person at his client.
Before I realized that it was not meant for me, I read his recommendation that the client accept our offer, given problems with the validity of certain patents on assets involved. I’m confused on my obligations – at one time there was an ABA opinion that I think said I couldn’t keep or use this information. Is that still the rule? Am I supposed to destroy or delete this now? Do I tell him I received it? Can I and should I pass the info along to my client (it’s pretty material to their deal)?