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Mark Hinderks

Mark Hinderks

January 11, 2023 | The Legal Intelligencer

What to Do When Your Witness Tells a Different Story Under Oath

If you conclude that you "know" that your client's testimony in the deposition is false and material, what reasonable remedial measures must you undertake?

By Mark Hinderks

5 minute read

December 09, 2022 | The Legal Intelligencer

Does Including a Consultant in Litigation Team Communications Waive Privilege or Work Product Protection?

Ordinarily, the inclusion of a third party in otherwise privileged conversations between lawyer and client waives any attorney-client privilege. There are two circumstances recognized in a number of jurisdictions that establish exceptions to this general rule in limited cases.

By Mark Hinderks

4 minute read

September 26, 2022 | The Legal Intelligencer

When Can a Lawyer Make a False or Misleading Statement to Make a Deal?

These questions of negotiation ethics implicate ABA Model Rule of Professional Conduct 4.1(a), which prohibits a lawyer from knowingly making a "false statement of material fact" to a third person, and from failing to disclose a material fact when necessary to avoid assisting a crime or fraud.

By Mark Hinderks

4 minute read

August 08, 2022 | The Legal Intelligencer

Dear Ethics Lawyer: Representing Multiple Clients in Claims Against One Defendant

There are some issues to work through. As a threshold matter, you should consider and address the potential conflicts of interest.

By Mark Hinderks

4 minute read