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

April 2025

Q: Dear Ethics Lawyer, I am a tax lawyer with an accounting background. I practice in a smaller community and advise businesses on tax matters, as well as preparing tax returns for some of them. Today is the day that returns are due, and I have a dilemma concerning one of these clients. The owner of the business client has loaned several hundred thousand dollars from the business to his daughter, which she is using to start her own business. The loan is documented and she has been making payments on it, including interest, during the past year.

My client insists that these payments are an “informal family matter” that the IRS would never find out about, and does not want to include them as taxable income for purposes of the business’s return. I have advised him that it is income that he is obligated to report, but he refuses to do so. What are my obligations? I do not wish to participate in tax fraud, but also do not want to breach an obligation to the client.

Continue Reading April 15 Issue – Obligation to Disclose Client Intention to Commit Fraud

Q: Dear Ethics Lawyer, I am a lawyer who represents businesses in corporate transactions. For the last few weeks, I have been going out with a law school classmate. Initially it was just as friends, but the last couple of times, there was a spark that made this feel more like dating. We have gone slowly and have not engaged in a fully intimate relationship yet, although I’m hoping that is where things are going. I think my former classmate feels the same way.

Last night my dating partner called to announce that they have been offered a dream job working within the law department of my biggest client. What do we do now? Does this mean that under the ethics rules we have to put a freeze on our relationship unless I stop representing the client? And if there is an issue here, does it extend to disqualify the rest of my firm from representing this client?

Continue Reading April 1 Issue – Relationship with Client Constituent