Q: Dear Ethics Lawyer, I have a couple of related questions about the ethics of offering evidence at trial. First, I have some evidence that’s not directly relevant, but I’d like to offer it and see what happens, as it would help show that the opposing party is a scumbag. There is a possibility that the other lawyer, who is less experienced, will not timely object. May I ask the questions to offer the evidence unless and until the other side objects and the court excludes the evidence?
Second, I have other evidence that is relevant but is hearsay. Again, may I offer it to see if the other lawyer objects and it is excluded? I’ve been at many trials at which hearsay that has not been objected to is admitted into the record.
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
November 2025
November 3 Issue – Former Client Conflict of In-House Lawyer
Q: Dear Ethics Lawyer, I am an associate general counsel in a corporate law department for Company A. Previously, I was a partner at a law firm in its corporate transactions practice group, advising and representing a number of clients, including one I will call Company B, about business contracts and sales and acquisitions of business units. Today, at one of our law department meetings, I learned that Company B is threatening to sue Company A, alleging that it has breached a contract that I drafted and negotiated for Company B a year before I went in-house. Is this a conflict issue for me? If so, is it an issue if someone else in the law department handles the matter?
Continue Reading November 3 Issue – Former Client Conflict of In-House Lawyer