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

August 2024

Q: Dear Ethics Lawyer, My no-good brother-in-law has been fired, again. I know this because after downing his customary six-pack of Old Milwaukee at a family barbecue, he gave me all the excruciating details, including his view that he was fired because of his age and some younger workers brought in, although he did concede that he might not have worked very hard.

I listened as politely as I could to this tale of woe. When at the end of it all, he asked what he should do about a discrimination claim, I told him somewhat absent-mindedly that his recourse would be to file a discrimination charge against his employer with the EEOC. I never discussed representing him. Now, months later, I see a conflicts check request at our firm showing his former employer as an existing client of the firm, and my brother-in-law as the adverse party. The nature of the matter? Defend an age discrimination charge, of course. I would not be involved in the matter, but does my firm have a conflict here?

Continue Reading August 15 Issue – Conflict from Inadvertent Attorney Client Relationship

Q: Dear Ethics Lawyer, I have the luck/misfortune to lead a medium-sized firm. For a while now, all the buzz has been about AI and Generative AI. The talk is seemingly split between cautionary tales about how one shouldn’t use Gen AI because of various ethical and malpractice concerns; and talk about how those firms that don’t adopt it will be failing ethical obligations to serve their clients more efficiently, and will also be left in the dust by their competitors to boot.

What are our ethical obligations? And to the extent we do invest in Gen AI, and serve our clients at less cost to them and more to us, how do we ethically charge for that? Also, if increased efficiency means billing fewer hours, have technology companies just taken over another piece of our business?

Continue Reading August 1 Issue – Gen AI ABA Formal Op. 512