Mark Hinderks of Stinson, LLP. Courtesy photo Mark Hinderks of Stinson, LLP. Courtesy photo

Dear Ethics Lawyer

This column, written by Mark Hinderks, of Stinson LLP, focuses on ethics questions. The discussion here is based on the ABA Model Rules of Professional Conduct, but the Model Rules are often adopted in different and amended versions, and interpreted in different ways in various places. Always check the rules and authorities applicable in your relevant jurisdiction—the result may be completely different.

Question: Over the years, I've represented some bizarre, but entertaining people and dysfunctional, yet fascinating companies, and I have some really great stories. Based on my assessment of the various "tell-all" books of politicians, celebrities and in some cases, their lawyers, I believe that if I wrote a book about some of the stories I have (juicing them up just a bit) I'd be able to pay for my retirement, hit the talk show circuit and enhance my reputation as a really hot lawyer.

I know I shouldn't breach client confidences, and would risk some trouble by doing so, but the longest statute of limitations and the statute of repose in my state are both 10 years, and besides, some of my stories are about people who are now dead or who are retired or no longer with their corporate clients. What if I only use stories that (a) are from over 10 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 extrapolated from my experiences?