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 larger development. In order to complete the transaction, the individual needs to document an agreement she has with a third party by which the third party will release their interest. In order to make this happen, she asked me if I could draft a writing to reflect the agreement between her and the third party, that she can then get signed. My client company doesn’t mind. Can I do it and if so under what circumstances?
Continue Reading May 15 Issue – Drafting Document for Adverse Party to UseThe 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
May 2023
May 1 Issue – Advance Waiver Commercial Parties
By Mark Hinderks on
Q: Dear Ethics Lawyer, My firm currently represents two sophisticated commercial parties: client A on tax matters and client B in environmental work. Our firm’s engagement letter with each contains a paragraph providing for an advance waiver of conflicts for matters that are unrelated to the engagement. A and B now desire to enter into an asset purchase/sale unrelated to any work done by our firm for either one. A has already secured different counsel. May our firm advise B in the transaction? Are there any additional requirements or disclosures that must be made?
Continue Reading May 1 Issue – Advance Waiver Commercial Parties