Q: Dear Ethics Lawyer, My firm has represented a wealthy family in estate planning matters for many years. In addition, for at least 25 years, the firm has represented a business owned by family members in a variety of general business matters for which time has been billed to a general file in the company’s name. The business has been in decline, and time was last billed to the company’s general file about a year ago, but the general file has never been closed. Can the firm now undertake an action adverse to the company if the substance of the action has nothing to do with any prior representation?
Continue Reading February 15, 2023 Issue – Conflicts of Unclosed “General Files”The 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
February 2023
February 1, 2023 Issue – Duty to Disclose Discovery of Completed Fraud
Q: Dear Ethics Lawyer, Our client was sued for breach of contract, and discovery requests were served with the complaint. I was subsequently engaged for the matter, immediately reviewed relevant documents and determined that a constituent of the client had fraudulently entered the contract knowing it could not be performed. He did this on his way out the door in order to boost the sales figures upon which bonuses would be based. May we settle the case immediately for the full amount requested, or even confess judgment on the contract claim, in order not to reveal the fraud reflected in the internal documents that would otherwise have to be disclosed?
Continue Reading February 1, 2023 Issue – Duty to Disclose Discovery of Completed Fraud