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

2025

Q: Dear Ethics Lawyer, I represent co-defendants in a suit for misappropriation of trade secrets. The plaintiff has offered to settle for a total sum of $1 million. Although both defendants were involved, it appears from the evidence that the plaintiff has a very good case on damages against one but not the other. What are my obligations in presenting the settlement demand to the clients? Should I have thought of this in the engagement process? What do I do now?

Continue Reading February 3 Issue – Joint Representation/Aggregate Settlement

Q: Dear Ethics Lawyer, Many of our vendors have a provision in their agreements limiting their liability related to their work to the amount of their fee, or to some other capped limit. Could we insert a similar provision in our standard form of engagement letter? For example, our firm has a primary malpractice insurance limit of $25 million. Could we include in our engagement letter a provision disclosing that, and limiting our liability for malpractice to the amount of our insurance?

Continue Reading January 15 Issue – Agreements Limiting Liability