Q: Dear Ethics Lawyer, I have been asked to advise and represent a witness who has been subpoenaed to testify in a civil trial in which her employer is being sued for breach of contract by another business entity who was a party to the contract. I performed a conflict check through our firm’s system and learned that another lawyer in our firm is representing a different witness who is on the parties’ witness list in the same proceeding. Neither of these individuals has a claim against them and neither is making a claim against any of the parties or the other witness. Could there be a conflict here? How do I analyze this?
Continue Reading March 16 Issue – Conflict from Representing Multiple WitnessesThe 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 2026
March 2 Issue – GenAI and Privilege
By Mark Hinderks on
Q: Dear Ethics Lawyer,
I thought AI was supposed to make the provision of legal service more efficient and effective, to the benefit of both lawyers and clients. But now I hear about the Heppner decision from New York, and how the use of GenAI may destroy attorney-client privilege and work product. What do I need to know about this? What should I tell clients?