Q: Dear Ethics Lawyer, I am handling a significant case in which I am preparing to argue to a federal district court in our state that a state law cause of action against our client under relatively recent legislation is preempted by federal law. I’ve just learned that one of my partners in the firm is coincidentally preparing to argue in state court on behalf of a different client that preemption does not apply.
I discovered this by accident, given that our firm (similar to other firms) does not track the specific legal arguments being made over time in individual cases as part of its conflict-checking system. Now that I know about it, what do I do? Is this an actual conflict, or something that will just be difficult to explain to the clients if they find out we are arguing both sides of the same argument at the same time?
January 2, 2026 Issue – Using AI to Summarize Client Video Meetings
Q: Dear Ethics Lawyer, I am a terrible notetaker, especially in video calls with clients as I concentrate on the conversation rather than what I am noting. I understand that the usual video services offer AI summarization of the meetings. This sounds great, but are there ethical issues? What about if a client is using this service from their side of the conversation? Does that create issues?
Continue Reading January 2, 2026 Issue – Using AI to Summarize Client Video MeetingsDecember 15, 2025 Issue – Conflict with Former Client of Departed Lawyer
Q: Dear Ethics Lawyer, I represented a company let’s call Acme Rocket Cycle Co. while at a firm let’s call Wolf, Wolf and Coyote. I left the firm and took client Acme with me. Only I did any work for Acme while at the firm. May my old firm now represent their client Roadrunner, adverse to Acme, in a new matter that is not related to any matter I handled while at Wolf, Wolf and Coyote?
Continue Reading December 15, 2025 Issue – Conflict with Former Client of Departed LawyerDecember 1, 2025 Issue – Working Remotely in Another State
Q: Dear Ethics Lawyer, With technology becoming more robust, I’ve gotten very comfortable with remote work, and clients do not seem to care where I am as long as I am responsive to them. We’ve recently purchased a vacation home in another state, and based on my experience, I’d like to spend substantial amounts of time working from that vacation home. I am not licensed to practice in that state, but I do not plan to open an office there or to seek or serve any clients in that state. All of the client relationships I currently serve are centered in states where I am licensed or I have appropriate local counsel. Is this plan viable?
Continue Reading December 1, 2025 Issue – Working Remotely in Another StateNovember 14, 2025 Issue – Offering Inadmissible Evidence
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.
November 3, 2025 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, 2025 Issue – Former Client Conflict of In-House LawyerOctober 15, 2025 Issue – Gifts to Judges
Q: Dear Ethics Lawyer, A state court judge is retiring after what seems like 105 years on the bench. A retirement party is scheduled to occur 3 days before the judge’s retirement becomes effective. A group of lawyers on behalf of the local bar is collecting money to buy tickets for a European vacation to present to the judge at the retirement party. As far as the Model Rules are concerned, may we contribute?
Continue Reading October 15, 2025 Issue – Gifts to JudgesOctober 1, 2025 Issue – General Commercial Transaction with Client
Q: Dear Ethics Lawyer, Our firm represents a well-respected private equity fund company. I am a products liability lawyer and have not personally done legal work for this client. The company is now raising capital for a new fund and I would like to invest by accepting the terms of their offering, but I am concerned with the requirements of Model Rule 1.8(a) that appear to be triggered whenever a lawyer enters into a business transaction with a client. Do these requirements apply even though I don’t personally represent the client? Do they apply even though I am simply investing under the terms of an offer made to the market in general, i.e., there would be no negotiation about it?
Continue Reading October 1, 2025 Issue – General Commercial Transaction with ClientSeptember 15, 2025 Issue – Tribunal Under Rule 3.3
Q: Dear Ethics Lawyer, I have a question about Model Rule 3.3 Candor to the Tribunal. I assisted a representative of a corporate client in testifying before a state legislative committee about an environmental matter. In follow-up conversations after the committee appearance, and with some additional investigation, I am concerned that the client spokesperson misrepresented the client’s lack of knowledge of an environmental condition of concern. Looking at Rule 3.3 (a)(3), it appears to me that if the legislative committee is a “tribunal,” I may have a duty to take “reasonable remedial measures” including, if necessary, disclosure of the falsity. Is a legislative committee a “tribunal” for this purpose? What are my obligations here?
Continue Reading September 15, 2025 Issue – Tribunal Under Rule 3.3September 2, 2025 Issue – Conflicts from Joint Defense Arrangement
Q: Dear Ethics Lawyer, Our firm defended client X in a product liability suit in which other companies in the same industry were also defendants. The various defendants, including our client, entered into a written joint defense agreement and collaborated as a group on strategy, briefing and arguments in the matter. During discovery initiated by the plaintiff, we learned that our co-defendant Y had hired one of X’s engineers who had delivered to Y confidential and proprietary product designs of X, which Y had then used to improve its product. The product liability case has been settled, and now X would like our firm to pursue an action against Y and the former engineer for misappropriation of trade secrets and other claims relating to Y’s use of X’s intellectual property. We sent a demand letter to Y and its counsel responded, alleging that we have a conflict of interest because of our participation in the joint defense agreement with Y, and the relationship of product design at issue there to the similar issue that would be at issue in the new matter. Is this a problem for us?
Continue Reading September 2, 2025 Issue – Conflicts from Joint Defense Arrangement