Q: Dear Ethics Lawyer, I am in-house counsel for a corporation dealing primarily with Mr. P, who is president and a substantial shareholder. Mr. P has asked me to prepare a legal analysis that would lay out the tax ramifications of a proposed compensation and benefits package for all corporate officers, and make recommendations about how to optimize it.
Because part of the motivation in considering the new package is the recruitment and retention of corporate officers, he asks that the memo address ramifications to both the corporation and to affected individuals, including himself, who would be subject to the new package. He provides his relevant tax information (as do other existing corporate officers). What are the ethical considerations?
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
July 2023
July 3 Issue – Third-Party Witnesses
By Mark Hinderks on
Q: Dear Ethics Lawyer, I represent a client in litigation during discovery. May I tell an unrepresented third-party witness that they are not obligated to speak to opposing counsel about the matter? May I ask our client to reach out to third-party witnesses with which the client has an ongoing relationship to ask them not to speak to opposing counsel about the matter?
Continue Reading July 3 Issue – Third-Party Witnesses