Q: Dear Ethics Lawyer, My best friend asked me to prepare an estate plan for her giving various family members substantial gifts. With gratitude for our friendship she also wishes to bequeath my daughter, her goddaughter, a first edition book of philosopher Jeremy Bentham, whom she knows is one of her favorites. She will sign a written waiver of any conflict and confirming that she had the opportunity to seek advice of other counsel. May I do this under the ethical rules?
Continue Reading December 15 Issue – Estate Planning – Gifts to Lawyer or Family MembersThe 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
December 2022
December 1 Issue – Receipt of Unsolicited Information from Would-Be Clients
By Mark Hinderks on
Q: Dear Ethics Lawyer, A potential client sent me an unsolicited email containing what she described as confidential information about a claim she has against an entity that turned out to be one of our firm’s existing clients. Our website says that we undertake no duties of confidentiality in the absence of an agreement, and that prospective clients should not send confidential information without our agreement. May I or the firm still defend our existing client in the resulting matter? May we use the information the prospective client sent me to do so?
Continue Reading December 1 Issue – Receipt of Unsolicited Information from Would-Be Clients