Q: Dear Ethics Lawyer, I am in-house counsel for a company, and field a steady stream of requests for legal advice from various business department heads. In looking at internal emails, I am finding that often the advice I provide is then quoted, forwarded or otherwise relayed to subordinates of those business department heads, usually without the presence (in-person or by email) of myself or any other lawyer. Does this risk waiving the privilege protection for my advice?
Continue Reading March 17 Issue – Privileged Information within CompanyThe 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
March 2025
March 3 Issue – Representing an Opposing Lawyer
By Mark Hinderks on
Q: Dear Ethics Lawyer, I am defending a huge piece of commercial litigation. I, and others in our firm, have been opposite to plaintiff’s counsel Jane Smith in a number of hard but well-fought cases and there is mutual respect. Smith has now approached me about retaining our firm to represent her in connection with an allegation that she has employed an illegal immigrant. While unrelated to anything we are in litigation over for other clients, are there conflict issues here?
Continue Reading March 3 Issue – Representing an Opposing Lawyer