Q: Dear Ethics Lawyer, I represent a corporate client in litigation. May I instruct or ask the client’s employees not to speak to opposing counsel about the case? May I instruct or ask the client’s former employees not to speak to opposing counsel about the matter?
Continue Reading July 15 Issue – Asking Current and Former Employees Not to Communication with Adverse PartyThe 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
2022
July 1 Issue – Avoiding Inadvertent Relationship when Dealing with Unrepresented party
Q: Dear Ethics Lawyer, I am an attorney for a company desiring to complete a relatively small real estate transaction with an individual to facilitate a development. The individual, who is not represented, shows up at closing to sign the document, but first asks a legal question about an effect of the document, a question concerning which I know the answer. Can I tell her the answer under any circumstances without creating a conflict of interest?
Continue Reading July 1 Issue – Avoiding Inadvertent Relationship when Dealing with Unrepresented partyJune 15 Issue – Attorney-Client Privilege: PR Consultant on Litigation Team
Q: Dear Ethics Lawyer, My company has been sued in very high profile litigation that not only concerns potential liability for a large amount, but that could affect our perception and relationships in the marketplace. We are forming a task force of in-house and external counsel to work with management to defend the case, and would like to hire a crisis/PR consultant to help advise the team on how legal strategy may be received by the court and potential jurors, as well as how it will be perceived among our customers and how best to manage the company’s messaging. But, by including a consultant of this type, do we risk waiving privilege on communications among task force members?
Continue Reading June 15 Issue – Attorney-Client Privilege: PR Consultant on Litigation TeamJune 1 Issue – Corporate Family Conflict
Q: Dear Ethics Lawyer, I am Associate General Counsel for Universal Shipping Company, a large transportation conglomerate. We have many subsidiaries, including some that are engaged in ancillary businesses and do not have “Universal” in their name. Today, I discovered that a law firm that is currently representing Universal Shipping in a transactional matter also represents a commercial party in a contract lawsuit against Smith Food Services, Inc., an ancillary business we acquired a few years ago as a wholly-owned subsidiary. Smith provides food and beverage service to airlines and railroads, and we left its management in place, so it functions as a free-standing subsidiary. Does the law firm have a conflict?
Continue Reading June 1 Issue – Corporate Family ConflictMay 16 Issue – Potential Claim as “Material Limitation”
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”May 2 Issue – Confidentiality and Relationships
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 RelationshipsApril 15 Issue – Joint Clients in Estate Planning
Q: Dear Ethics Lawyer, I agreed to represent a husband and wife in putting together an estate plan. It appeared to be easy: they provided a list of assets and income, and a plan for distribution in the event that one or both passes. Then the husband called the following day and advised me that he also has a separate investment account (with a family member other than the wife currently named as a beneficiary) that contains a fairly large amount that he does not wish to advise his wife about just now. He may later decide to include it in the estate plan, but for now he wishes to keep it separate. What do I do now?
Continue Reading April 15 Issue – Joint Clients in Estate PlanningApril 1 Issue – Representing Economic Competitors
Q: Dear Ethics Lawyer, We represent a large company in corporate and real estate matters that generate a lot of fees for our firm. They have an equally large competitor in the same industry which they view as an arch-enemy, but we are not currently adverse to it. The competitor has asked for our help representing it in a city where we have an office to make a small acquisition. This is probably a one-shot thing that will be over in 90 days or so. The conflict check comes back clean. Can we do it?
Continue Reading April 1 Issue – Representing Economic CompetitorsMarch 15 Issue – Judicial Criticism
Q: Dear Ethics Lawyer, Because I’m an extremely hip lawyer… and will do it for free, StreamingCourtNews called me to video comment on a long-running celebrity case for its site. Perhaps getting carried away in the moment, I expressed the view that the judge seems to enjoy the limelight and could be providing unconstitutionally disparate treatment of the criminal defendant based upon how many TV cameras the defendant’s fame has attracted and the judge’s well-known ambition to be nominated for the appellate court. I realize this means I probably won’t find favor in this judge’s court in the future, but now I’m wondering, is this something I could actually be disciplined for?
Continue Reading March 15 Issue – Judicial CriticismMarch 1 Issue – Company and Employee as Joint Clients
Q: Dear Ethics Lawyer, I represent a company in an employment suit. A vice president of the company is named as a party, along with the corporation. Knowing the company would be vicariously liable for the VP’s actions anyway, with the company general counsel’s approval, I entered an appearance for both parties to obtain an extension of time, and then interviewed witnesses. In his interview, the VP immediately confessed to me that he made a sexual advance on the claimant. What now? Can I continue the representation?
Continue Reading March 1 Issue – Company and Employee as Joint Clients