January 11, 2023 | The Legal Intelligencer
What to Do When Your Witness Tells a Different Story Under OathIf 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 DefendantThere 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
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