Q: Dear Ethics Lawyer, I represent a client in connection with the planned sale of a local financial institution. The client believes that acquirer/investor interest in the sale will be primarily local/regional. It knows that our firm represents a number
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April 1, 2024 Issue – Client as Adverse Witness in Different Matter
Q: Dear Ethics Lawyer, The name of a client in an unrelated matter is identified as a potential trial witness in litigation by an opposing party. Based on the general description of the nature of her testimony, it appears that…
March 15, 2024 Issue – Providing Services in Exchange for an Endorsement
Q: Dear Ethics Lawyer, I have contacts with a trade association which has asked me to present two seminars a year and to prepare a monthly summary of significant legal developments for its members. In exchange, the association will endorse…
March 1, 2024 Issue – Withdrawal Without Cause
Q: Dear Ethics Lawyer, I’ve undertaken the representation of a client in a series of business dealings. It turns out that the client is simply a jerk. He treats me and others with a lack of respect, and sometimes in…
February 15, 2024 Issue – Confidentiality of Closed Files
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…
February 1, 2024 Issue – Aggregate Settlement Issues in Joint Representation
Q: Dear Ethics Lawyer, A lawyer is representing the plaintiffs, six people injured to various extents in an industrial accident. Is it unethical for a defendant’s lawyer to extend an aggregate settlement offer to settle all the cases on an…
January 16, 2024 Issue – Waiver of Conflict When Matter is Highly Confidential
Q: Dear Ethics Lawyer, Our firm is currently advising Client A on whether a product it is developing would infringe a patent held by Competitor B. B has now asked a lawyer with the firm to represent it in an…
January 2, 2024 Issue – Case Settled Based on Client Hiding Documents
Q: Dear Ethics Lawyer, We recently mediated a litigation matter for a demanding and difficult client whom I was happy to put in the rearview mirror. This morning, a couple of days after the settlement agreement was signed, and the…
December 15, 2023 Issue – Acting in Emergency Without Expertise
Q: Dear Ethics Lawyer, I am an in-house corporate lawyer for a multinational agricultural products company. I was grinding away at 6 pm one evening when I received a call from a business colleague based internationally, with whom I have…
December 1, 2023 Issue – Subordinate Lawyer
Q: Dear Ethics Lawyer, I am an associate working with a partner on a substantial matter. The client has asked for advice concerning the potential exposure and whether it should be estimated and disclosed as a material matter to audit…