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

March 2023

Q: Dear Ethics Lawyer, Our client was sued for breach of contract, and discovery requests were served with the complaint. I immediately reviewed relevant documents and determined that a constituent of the client had fraudulently entered the contract knowing it could not be performed, in order to boost sales figures upon which bonuses would be based on his way out the door. 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 March 15 Issue – Settlement to Avoid Disclosing Client Fraud Lawyer Did Not Participate In

Q: Dear Ethics Lawyer, I am in-house counsel in a growing company. However, as I rise in the ranks of my in-house position, I am gaining the confidence of others, and find myself being asked to attend more and more meetings as a business executive, not a lawyer. This has not been an issue for internal meetings as there is typically a clear delineation between when I’m raising business questions versus providing legal advice.

Recently, however, I was asked to attend an external meeting between a senior executive at my company and a senior executive at another company that we are thinking of doing business with. The senior executive made it clear that he was asking for my attendance as a business person and not as a lawyer because he wants to expand my business acumen/judgment. I am concerned because even though I’d be attending solely as a business person, my company role is as in-house counsel. The other company does not have in-house counsel and likely will not have legal representation at the meeting. Given the possible ethical issue of attending a meeting where the other party will not be represented by counsel, is there a way for me to attend (disclosure, etc.) without running afoul of the ethics rules or requiring the other company to have outside counsel attend?

Continue Reading March 1 Issue – Communication with Others in Non-Lawyer Capacity