Q: Dear Ethics Lawyer, A potential client sent me an unsolicited email containing what she described as confidential information about a claim she has against an entity that turned out to be one of our firm’s existing clients. Our website says that we undertake no duties of confidentiality in the absence of an agreement, and that prospective clients should not send confidential information without our agreement. May I or the firm still defend our existing client in the resulting matter? May we use the information the prospective client sent me to do so?
Continue Reading December 1 Issue – Receipt of Unsolicited Information from Would-Be Clients
November 15 Issue – Issues from Personal Relationships
Q: Dear Ethics Lawyer, We live in a complicated world. I’ve been a lawyer for a while now, and most of my friends and acquaintances are lawyers who do more or less the same things I do, and I’m dating (non-exclusively) another lawyer who also has a similar practice (in another firm). In representing clients, I often find myself opposite a friend or acquaintance, and now have a matter opposite the lawyer I have a dating relationship with. I’m struggling whether any of this needs to be disclosed to clients, requires a waiver, or is just flat out-of-bounds.
Continue Reading November 15 Issue – Issues from Personal RelationshipsNovember 1 Issue – Inadvertent Receipt of Confidential Information
Q: Dear Ethics Lawyer, I just received an email from an opposing lawyer with whom I’ve been negotiating a deal. It looks like he may have inadvertently hit “reply” rather than “forward,” as he appears to be talking to a business person at his client.
Before I realized that it was not meant for me, I read his recommendation that the client accept our offer, given problems with the validity of certain patents on assets involved. I’m confused on my obligations – at one time there was an ABA opinion that I think said I couldn’t keep or use this information. Is that still the rule? Am I supposed to destroy or delete this now? Do I tell him I received it? Can I and should I pass the info along to my client (it’s pretty material to their deal)?
October 17 Issue – Discovery of a Completed Fraud
Q: Dear Ethics Lawyer, I represented a party selling an industrial property. After the conclusion of the transaction, I discovered, while reviewing records of the client for a different purpose, that the client made a misrepresentation concerning a material condition of the property that was sold. What may and should I do?
Continue Reading October 17 Issue – Discovery of a Completed FraudOctober 4 Issue – Local Counsel Ethical Obligations
Q: Dear Ethics Lawyer, I have been asked by a law firm from another city to serve as local counsel to them in a litigation matter. The law firm wants my agreement that they will do all the material work and will handle all communications with the client, that my responsibility is simply to file pleadings and briefs they produce, and stand by for any local practice questions. This will not be a big matter for me, but any business is business, and maybe it will lead to more. Do you see any issues with this?
Continue Reading October 4 Issue – Local Counsel Ethical ObligationsSeptember 15 Issue – Negotiation Ethics
Q: Dear Ethics Lawyer, I am a business lawyer negotiating with an opponent over the price to acquire a non-public company. May I state that the business is only worth $10 per share, although I have an expert evaluation opinion at $15 per share? May I also state that $12 per share is “all I will offer” if my client in fact has given me authority to go up to $15 per share?
Continue Reading September 15 Issue – Negotiation EthicsSeptember 1 Issue – Business Transactions with Clients
Q: Dear Ethics Lawyer, I represent a good friend who has built a very successful business. He offered me an opportunity to join with him to start a different new business venture together. I met with him and told him that in negotiating or putting together the terms of the venture with him I would not be acting as his counsel and that he should consider seeking independent counsel. The deal we put together is fair and reasonable to my friend, who also told me that he consents to my involvement in the transaction while continuing to represent him in other legal matters. I went ahead with the transaction. Have I done anything unethical?
Continue Reading September 1 Issue – Business Transactions with ClientsAugust 15 Issue – Duty to Correct False Testimony
Q: Dear Ethics Lawyer, In a confidential interview in connection with a civil case, one of my client’s corporate officers told me that she did not remember if she became aware of a critical accounting issue at the company before or after a sale of stock in question. At trial, you do not ask her about the matter on direct, but on cross examination by the opposing lawyer she testifies definitively that she is certain the issue only came to light after the stock sale. Do I have an obligation to disclose the client’s earlier statement to the court or the opponent? What do I do?
Continue Reading August 15 Issue – Duty to Correct False TestimonyAugust 1 Issue – Client Confidences Affecting Waiver Requests
Q: Dear Ethics Lawyer, A former law school classmate newly-appointed as a corporate GC asked me to represent his company to file a pre-emptive suit in a favorable forum against a competitor. He told me that based on internal documents they believe the suit probably only has a 40% to 60% chance of success, but by getting to the favorable forum, they hope to press for an early settlement. I ran a conflict check and discovered that the firm represents the opposing party in a small unrelated real estate matter. What can I do to be able to proceed? This could be a really big ongoing client.
Continue Reading August 1 Issue – Client Confidences Affecting Waiver RequestsJuly 15 Issue – Asking Current and Former Employees Not to Communication with Adverse Party
Q: Dear Ethics Lawyer, I represent a corporate client in litigation. May I instruct or ask the client’s employees not to speak to opposing counsel about the case? May I instruct or ask the client’s former employees not to speak to opposing counsel about the matter?
Continue Reading July 15 Issue – Asking Current and Former Employees Not to Communication with Adverse Party