My client is gift-giving me things that are definitely over the ethical limit. It started with a nice bottle of wine, but today a high-end designer watch showed up as a thank you for a successful motion. I haven't opened the box because I know the second I do, I’m in a massive conflict-of-interest gray zone. My firm doesn't have a formal gift policy, but my gut says this is a play for special treatment on their next bill. What would you do?

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This sounds like romantic interest, not a discount ploy

likesmart

I would tell my superiors asap. I have had clients give me gifts like large amounts of money etc and how I’ve handled it is first - try extremely hard and politely to decline, then if that doesn’t work- once the client leaves, I contact my superior immediately and explain what happened and tell them that whatever advisement they have I understand, but I do not want to hide this gift to you or tarnish a professional relationship with our firm. You cover yourself by being polite to your client, you are extremely transparent to your bosses and those who employ you will know exactly what’s going on. You will feel tons better. My bosses always allow me to keep my gifts and thanks me for the transparency. They can handle the ethics from there.

likehelpful

If you’re hesitating, you know what to do already. You don’t need a stranger to tell you. Your gut is correct.

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What is wrong with you all? You’re not in government, and there’s no “ethical” issues receiving a gift from a money paying client.

likefunny

Yep. I don’t get where the conflict is. So they essentially paid you more. If your not developing more than a business relationship your good.

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I think you’re in stalker territory.

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Is it a really grateful client for a spectacular motion hearing won against the odds? or, is it romantic interest? Maybe a mixture of both? Why not speak to your client then assess the situation? You did say your firm doesn’t have a formal gift policy.

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Just return the gift. That’s what I’ve done. Say thank you but I cannot accept this.

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It can be cultural. I know an attorney (male) who gets odd gifts from clients all the time and says it’s just a thing

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When investigating stalkers, this is often what is revealed first. Without knowing details, this appears to be romantic interest at best and ego driven obsession at worst. Either way, that conflict of interest applies, and who knows what else. Full disclosure to your boss, full stop.

helpful

Same sex? Guy girl? Like is there something untoward with this client giving gifts where something else is expected? That’s what I’d be leaning towards if I started receiving gifts like that. Regardless, I’d run it up the chain and let people above me know just to cover my own a$$

Interesting. If I read into it, explain the necessity of the question “Same sex?”?

I surely misunderstood your intent

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I'm not an attorney, but you should have a talk with your client about appropriate behavior. Client or not, this is not okay. Or normal.

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