Q: Dear Ethics Lawyer, I am an attorney for a company desiring to complete a relatively small real estate transaction with an individual to facilitate a development. The individual, who is not represented, shows up at closing to sign the document, but first asks a legal question about an effect of the document, a question concerning which I know the answer. Can I tell her the answer under any circumstances without creating a conflict of interest?

A: Yes, but it is all about context and clarity about who you are representing when you do so. In order not to create an expectation on her part that you are advising her as her lawyer (which can occur by the giving of legal advice in a context in which the recipient reasonably believes you are advising them), specifically advise her first that you will tell her what you believe to be the answer in your capacity as the company’s lawyer, but that you do not represent her. Inform her that she should not rely upon your advice, but should take the opportunity to obtain advice from a lawyer of her choosing if she feels it to be appropriate.

Photo of Mark Hinderks Mark Hinderks

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…

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.