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

May 2024

Q: Dear Ethics Lawyer, Today I defended a deposition of my client. Toward the end of today’s session, my client was asked a question that we were expecting and had specifically discussed in the preparation session. But, unexpectedly, the client gave an answer that is the opposite of what she said in our preparation. I don’t know which version is true, but obviously she either was untruthful one time or the other, or changed her story in a significant way. I need some quick advice before the deposition concludes a week from now. I certainly do not want to participate in untruthful testimony. Is there a possibility I would have to disclose my client’s change of answer? This is not a good place to be. What do I do?

Continue Reading May 15 Issue – Potentially False Client Deposition Testimony

Q: Dear Ethics Lawyer, You successfully represent a client in the sale of her Company for some serious money. It is a stock sale and the Company will continue to operate, but as a free-standing subsidiary of the Buyer. The stock purchase agreement contains an earn-out provision and representations and warranties that may or may not give rise to issues between the Seller client and the Buyer down the road. The Seller client will want your assistance on those matters if they arise. Meanwhile, because you are familiar with the Company and impressed Buyer in the sale, Buyer wants you to continue to represent the Company going forward. May you do both?

Continue Reading May 1 Issue – Representing Seller and Company Post-Sale of Company