Q: Dear Ethics Lawyer, I am counsel in a case involving a web of corporate parties on each side. I now have information that our judge’s adult children own a substantial interest in a two of the parties. I do not know whether the judge or counsel for the opposing parties is aware of this. I like this judge and am not anxious to secure his recusal, but do I have an obligation to disclose my knowledge of this to anyone?
Continue Reading June 15, 2026 Issue – Lawyer’s Duty to Inform Judge of Basis for Possible Recusal
June 1, 2026 Issue – Client with Decision-Making Limitations
Q: Dear Ethics Lawyer, I have represented an individual entrepreneur in various business matters for the past 20 years. She has always been capable, with clear ability to receive and apply my advice and quickly make what I have believed to be logical and rational decisions. Lately, however, I have noticed a change. Her ability to process our conversations seems slower and more labored. I often have to repeat things I’ve already said, and sometimes she doesn’t seem to remember details of prior conversations. She is less confident in her decision-making, asking me what I would do in certain situations that in the past she would have quickly reasoned through herself. I try to deflect making decisions for her, and for now just talk her through the situations until she reaches what seems like a rational and appropriate decision. But, I’m not a health care professional and lack the ability to assess what’s going on with her or how serious it is. What are my duties here?
Continue Reading June 1, 2026 Issue – Client with Decision-Making LimitationsMay 15, 2026 Issue – Reporting Lawyer Who Violates the Rules
Q: Dear Ethics Lawyer, I have a question about the duty to report professional misconduct. I have learned that a lawyer (Bill) in our firm accidentally copied a lawyer from another firm with an email intended for a client, discussing the client’s matter and including confidential and privileged information. It happened when the autofill function of the email program filled in an email address from Bill’s contacts instead of the client’s email address which begins with similar letters. Bill did not catch the error before he hit send. Fortunately, the lawyer who received it was not adverse to this particular client and readily agreed to delete the email.
On the face of it, however, the communication violated Rule 1.6 (“a lawyer shall not reveal information relating to the representation of a client” without client consent), but it was a simple and understandable mistake that could happen to any of us. And what if the client does not want to report it because it doesn’t want the contents of the email to be shared with the authorities? Do I have a duty to report this to the disciplinary authorities in our state?
May 1, 2026 Issue – Ethics of Witness Preparation
Q: Dear Ethics Lawyer, I just took yet another deposition in which the otherwise successful, intelligent businessperson being deposed appeared to have the memory of an old Commodore 64—she said “I don’t know” or “I don’t remember” to just about every question. And for those few questions she answered, she rephrased absolutely everything. For example, I asked her if it was in the scope of her duties to review and approve contract terms such as the one at issue? She said, “I don’t know what you mean by review and approve, but if you are asking if I did sometimes read them, the answer is yes. But I don’t remember whether I did so in this instance.” She had obviously been coached by her counsel to within an inch of her life. And I’d bet money that when it comes to summary judgment briefing or trial, her memory will have been “refreshed” and then she will remember a version of the facts favorable to her employer.
I’m thinking I’m playing out of the wrong playbook when it comes to witness preparation. Is there any ethical guidance on what’s in bounds and out of bounds?
April 15, 2026 Issue – Potential Waiver of Multiple Bidder Conflict
Q: Dear Ethics Lawyer, I am a banking lawyer who frequently handles acquisitions of banks or branches of banks. Recently, a family-owned bank group in our region has quietly let it be known that it would entertain offers to sell. One of our clients, let’s call them Bank A, contacted me a few days ago to assist them in preparing the legal documents for a bid to purchase it involving a combination of cash and stock. Today another prospective client, Bank B, has contacted one of my partners to assist them in preparing a bid.
I seem to recall from one of your prior columns that this could be a conflict. If so, can’t we just get waivers from both bank groups to allow us to use separate teams of lawyers to assist each bid, each walled off from the other? We won’t be advising on the amount of either bid; our role in each will simply be to prepare a legal offering package, and if successful (in which case, we’d only be representing one of them), the acquisition documents.
April 1, 2026 Issue – Conflicts When Undermining Prior Work
Q: Dear Ethics Lawyer, Our firm represented a nearby city in a nuisance claim against the operator of a quarry, arising from its heavy truck traffic. A settlement was reached, by which the quarry operator agreed to allow the City to designate the route its trucks could travel to and from the quarry. Time has passed, and now we’ve been asked to represent several individuals who own land along the designated route to bring a nuisance action against the quarry operator related to the truck traffic. Our former client City would not be a party, and our new clients would be adverse to the same quarry operator we were adverse to before when representing the City. It seems like we’re on the same side as before. Is there any conflict issue here?
Continue Reading April 1, 2026 Issue – Conflicts When Undermining Prior WorkMarch 16, 2026 Issue – Conflict from Representing Multiple Witnesses
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, 2026 Issue – Conflict from Representing Multiple WitnessesMarch 2, 2026 Issue – GenAI and Privilege
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?
February 16, 2026 Issue – Disclosure to Support Motion to Withdraw
Q: Dear Ethics Lawyer, I have represented a client in litigation who has become very difficult. The client has admitted to withholding relevant documents that should be produced in discovery, and has instructed me not to acknowledge it or reveal it to the other side or the court. In addition, based upon conversations I’ve had privately with the client, I believe the client has been untruthful in deposition testimony, but refuses to correct that testimony. And to compound matters, the client has not paid our billings in six months.
I believe that I am required to withdraw from the representation under our state’s version of Rule 1.16(a)(1) and that I have a basis for permissive withdrawal under Rule 1.16(b)(2),(3),(4),(5) and (6). The client refuses to consent to the withdrawal. So how much of this can I put in the motion to withdraw in order to obtain court approval? I am mindful of the need to preserve client confidentiality under Rule 1.6, but continuing to represent this client would put me at serious risk of violating the law and the rules of professional conduct, and having the opposing party accuse me of conduct giving rise to liability.
February 2, 2026 Issue – Post-Withdrawal Duties
Q: Dear Ethics Lawyer, We represented a difficult client in a litigation matter for a little over a year until it became apparent that they were not being truthful with us, and they also fell months behind on paying our fees. We withdrew from the representation after complying with applicable court rules as required by Model Rule 1.16(c) as adopted in our jurisdiction. Now, a few months later, we have received a demand from our former client to provide to new counsel they have engaged “a memorandum that includes a complete summary of all work we had performed; and all facts we had gathered, with citation and copies of sources; and legal arguments and strategies with case and statutory citation.” We understand we have some responsibility for “steps . . .reasonably practicable to protect a client’s interests,” as required by Model Rule 1.16(d), but this seems way beyond what is specified there. We are prepared to hand over the client file. But responding to this would require us to create an extensive memorandum, refreshing ourselves on matters we’ve set aside, and doing additional work—for free. What is our duty here?
Continue Reading February 2, 2026 Issue – Post-Withdrawal Duties