☰

Policy on Giving and Receiving Gifts

The giving of gifts, charitable contributions, or donations to clients, court personnel, political candidates and others has the potential for creating conflicts of interest with or among clients of the Firm. In addition, the giving of gifts or contributions to or on behalf of clients may be governed by policies of our Firm or of the client. Similarly, there are explicit ethics rules relating to gifts to (and entertainment of) judges and court employees.

Because of these concerns, it is essential that all gifts and contributions, including client entertainment, comply with the Firm’s policies set out below. If there is any doubt as to whether a gift or contribution complies with a Firm policy, the matter should be submitted to the designated partner for approval.

Gift Giving Policy

Gifts to any of the following individuals, members of their staffs, or the organizations that employ them, may not be made without the prior approval of the designated partner:

  • Judges;
  • Court employees;
  • Representatives of the press or electronic media;
  • Clients or their families (other than as part of a pre-approved firm holiday gift program);
  • Claims adjusters or claims handlers.

All requests for approval to the designated partner should be in writing and identify the recipient by name, title, and entity as well as the gift item, unit cost, and reason for the expenditure.

Please note that tax deductions for business gifts limit the amount to $25 per recipient per year.

Political Contributions policy

Because the choice of a political candidate to be supported by the firm can be a matter of disagreement within the Firm and may cause controversy with clients, any and all political contributions in the name of or on behalf of the Firm should not be made or promised without the prior written approval of the designated partner.

Making or soliciting political contributions to public officials, either individually or on behalf of the Firm, in anticipation of being considered eligible by a public agency to perform professional services, including municipal finance engagements, are prohibited and will not be approved.

Charitable Donations Policy

Because the choice of a charity to be supported by the Firm can be a matter of disagreement within the Firm and may cause controversy with clients, any and all charitable donations in the name of or on behalf of the Firm should not be made or promised without the prior written approval of the designated partner.

Please note that in order for the Firm to take proper tax credit for charitable donations, all donations must be made via check request. Do not make donations by personal check, credit card or petty cash.

Gift Receiving Policy

Lawyers shall not suggest to a Firm client that a gift be made to the lawyer or the Firm, or for the benefit of the lawyer or Firm.

If a client makes or offers to make a gift to the lawyer or the Firm of value greater than $50.00, whether or not the gift is related to the representation of the client, such gifts or offers must be disclosed to the designated partner, who shall determine whether the gift may be accepted.

For purposes of this policy, “gift” includes an interest, whether vested or contingent, in any asset of the client.

A lawyer may not accept from a client, without the express written permission of the designated partner, a testamentary gift, or gift by other written instrument, to the lawyer or the Firm. The only circumstances under which such gifts will be approved are:

  1. when the client is related to the lawyer by blood or marriage within the third degree of relationship as defined by the law of the applicable jurisdiction; and
  2. when the Firm has not acted in any way in the preparation of the instrument by which the gift is given.

 
A lawyer may not prepare, draft, or supervise the preparation or execution of a will, codicil, or inter vivos trust for a client in which any of the following are named beneficiaries:

  1. the lawyer;
  2. any other lawyer in the Firm;
  3. any employee of the Firm;
  4. any lawyer who is “of counsel” in the Firm; and
  5. the spouses, siblings, natural or adoptive children, or natural or adoptive parents of the lawyer or employee.