Q: Dear Ethics Lawyer, I represented a closely-held LLC in the sale of real estate. A story broke yesterday that the LLC’s principal is being investigated for various alleged frauds and tax evasion. Now, an IRS agent has made an unannounced visit wanting to talk to me about the transaction I was involved in, and asking to review at least the non-privileged information in our file. What should I do? What if, instead, I was served with a confidential grand jury subpoena that instructs me not to inform anyone about it?
Continue Reading February 15 Issue – Confidentiality of Closed FilesThe 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 2024
February 1 Issue – Aggregate Settlement Issues in Joint Representation
By Mark Hinderks on
Q: Dear Ethics Lawyer, A lawyer is representing the plaintiffs, six people injured to various extents in an industrial accident. Is it unethical for a defendant’s lawyer to extend an aggregate settlement offer to settle all the cases on an all or nothing basis? Must the plaintiffs’ lawyer withdraw from representing the multiple plaintiffs when an aggregate settlement offer is received if it would be difficult to obtain agreement of the amounts that each should receive?
Continue Reading February 1 Issue – Aggregate Settlement Issues in Joint Representation