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?

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?

Q: Dear Ethics Lawyer, I represented a closely-held LLC in the sale of real estate. A story broke yesterday that the LLC’s principal is being investigated for various alleged frauds and tax evasion. Now, an IRS agent has made an unannounced visit wanting to talk to me about the transaction I was involved in, and asking to review at least the non-privileged information in our file. What should I do? What if, instead, I was served with a confidential grand jury subpoena that instructs me not to inform anyone about it?  

Q: Dear Ethics Lawyer, As 2023 begins, I’ve reflected on the fact that I’ve represented some bizarre people and dysfunctional companies over the years, and I’ve got some great stories. If I wrote a book about some of these stories (juicing them up just a bit) I’d be able to pay for my retirement and enhance my reputation as a really successful lawyer.

I know I shouldn’t breach client confidences, but the longest statute of limitation and the statute of repose in my state are both ten years, and some of my stories are about people who are now dead or who are no longer with their corporate clients. What if I only use stories that (a) are from over ten years ago; (b) involve dead people who probably no longer care, (c) involve people who are no longer with a corporate client; or (d) are total fabrications?

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?

Q: Dear Ethics Lawyer, My company has been sued in very high profile litigation that not only concerns potential liability for a large amount, but that could affect our perception and relationships in the marketplace. We are forming a task force of in-house and external counsel to work with management to defend the case, and would like to hire a crisis/PR consultant to help advise the team on how legal strategy may be received by the court and potential jurors, as well as how it will be perceived among our customers and how best to manage the company’s messaging. But, by including a consultant of this type, do we risk waiving privilege on communications among task force members?