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

September 2023

Q: Dear Ethics Lawyer, We want to hire a terrific associate attorney, but that attorney currently works for a law firm that is on the opposite side of a still-pending case from our firm. We do not believe that the attorney we wish to hire is or has been actively involved in the suit. Are there any circumstances under which we could hire that attorney? What if the attorney is actively involved on the other side of the suit?

Continue Reading September 15 Issue – Hiring Attorney from Adverse Firm

Q: Dear Ethics Lawyer, Another lawyer from our firm and I made a pitch to represent company A, which our firm had not previously represented, in a new matter. We discussed with A the strategy that we would employ if hired, based on the facts from their perspective that they provided to us at the time. Unfortunately, we did not get the work. Six months later, I have been asked to take on a different matter for an existing client B who is now adverse to A, one that is not the same or substantially related to the matter that we discussed with A. May the firm or I take the new matter? Do we need any kind of a waiver to do so?

Continue Reading September 1 Issue – Representation Adverse to Former Pitch Prospect