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

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Mark Hinderks brings decades of experience as a trial lawyer, firm general counsel, and managing partner. He is a Fellow of the American College of Trial Lawyers and has presented more than 125 programs on legal ethics over 30 years.

Mark is the co-founder of "Ethics for Good," a twice-annual stage show that uses humor and real-world scenarios to teach legal ethics, raising approximately $850,000 for charities and scholarships since 2000. He has chaired the American College of Trial Lawyers' National Standing Committee on the Attorney Client Relationship and has been a member of the Kansas Bar Association's Professional Ethics Advisory Committee since 1997.

Have a question for a future column? Submit it to mark.hinderks@stinson.com.

Q: Dear Ethics Lawyer, I am in-house counsel for a company, and field a steady stream of requests for legal advice from various business department heads. In looking at internal emails, I am finding that often the advice I provide is then quoted, forwarded or otherwise relayed to subordinates of those business department heads, usually without the presence (in-person or by email) of myself or any other lawyer. Does this risk waiving the privilege protection for my advice?

Continue Reading March 17, 2025 Issue – Privileged Information within Company

Q: Dear Ethics Lawyer, I am defending a huge piece of commercial litigation. I, and others in our firm, have been opposite to plaintiff’s counsel Jane Smith in a number of hard but well-fought cases and there is mutual respect. Smith has now approached me about retaining our firm to represent her in connection with an allegation that she has employed an illegal immigrant. While unrelated to anything we are in litigation over for other clients, are there conflict issues here?

Continue Reading March 3, 2025 Issue – Representing an Opposing Lawyer

Q: Dear Ethics Lawyer, I am mid-level partner at a firm with an active litigation practice. I use paralegals a fair amount for various tasks and have always had pretty good experiences with them, but I am not responsible for hiring and firing them, and am not in management at the firm. Recently I used a new paralegal for some work, who happens to be a distant relative of one of our practice leaders and had a bad experience. He didn’t seem to know what he was doing as to a fairly standard task, and I felt like he told me he had completed tasks that he had not done. I don’t want to rock the boat, so I plan to not use this paralegal again, and let other people form their own opinions. Given my role at the firm, this isn’t a problem is it?

Continue Reading February 17, 2025 Issue – Duties Re Mis-Performing Staff

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, 2025 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, 2025 Issue – Agreements Limiting Liability

Q: Dear Ethics Lawyer, If I truly believe it to be the case, can I properly tell a prospective client that I am confident that I will provide legal service as good or better than any other lawyer in my city? Or have I been watching too many cheesy lawyer ads on television?

Continue Reading January 2, 2025 Issue – Comparison Statements About Lawyer Service

Q: Dear Ethics Lawyer, I am a lawyer admitted in a couple of Midwestern states, representing a client in a state where I am licensed that has a dispute with an opposing party in a state where I am not licensed. For various reasons, if the case cannot be settled and the facts develop as I expect, we will most likely file suit in that other state, at which time I’ll get local counsel and get admitted pro hac vice. Until then, can I rely upon the temporary practice provisions of Model Rule 5.5 to attend a pre-litigation settlement meeting without local counsel, and to do some pre-suit investigation and witness interviews, either there or by zoom from a state where I am licensed?

Continue Reading December 16, 2024 Issue – Multijurisdictional Litigation Practice

Q: Dear Ethics Lawyer, I filed suit for a client, among other things seeking interim relief in the form of a temporary restraining order. I gave notice to the defendant of an immediate hearing on the motion. They quickly engaged an attorney who came to the hearing, but knows nothing about the case yet. Do I have an obligation to inform the court and opposing counsel of material facts that run against my effort to secure a TRO, in making my argument at the hearing?

Continue Reading December 2, 2024 Issue – Ethical Obligations – ex parte Hearings

Q: Dear Ethics Lawyer, You have been telling us for years that we have to check the version of the Model Rules in effect wherever we are admitted, or where a case or transaction is, where we are proposing to do various things, or where our client is, i.e., that the rules are often different in different states. I’ve got that.

But how do we know, when the rules are different between two states, which state’s law applies? If they are inconsistent in a way that means we can’t comply with both, are we simply up the proverbial creek without an ethical paddle? Is there any guidance out there?

Continue Reading November 15, 2024 Issue – Choice of Law

Q: Dear Ethics Lawyer, I have recently developed an expertise concerning a new and complex federal regulation of the importation of spirits as a result of my work for a liquor industry client. I would like to develop a practice in the area but do not have any other contacts in the industry. With the assistance of marketing folks, I have now developed an industry list and a slick promotional piece highlighting expertise on the new regulation that I want to mail to every company on the list. Are there any ethical issues?

Continue Reading November 4, 2024 Issue – Direct Mail Marketing