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NABCA 20 th Annual Legal Symposium Ethics: The Organization as Client

NABCA 20 th Annual Legal Symposium Ethics: The Organization as Client. Arthur D. Burger, Esq. Jackson & Campbell, P.C. March 12, 2013. Who’s In Charge?. Interests and Goals of Entity Control Constituents of Organization

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NABCA 20 th Annual Legal Symposium Ethics: The Organization as Client

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  1. NABCA 20th Annual Legal Symposium Ethics: The Organization as Client Arthur D. Burger, Esq. Jackson & Campbell, P.C. March 12, 2013

  2. Who’s In Charge? • Interests and Goals of Entity Control • Constituents of Organization • Who Decides Interests and Goals of Organization? (Look at governing instruments for organization) • Role of In-House Counsel and Relationship to Organization

  3. Confidentiality • Rule 1.6 exceptions all apply • Rule 1.13 expands on Rule 1.6 exceptions • “Up-the-ladder” disclosures within organization (“friendly disclosures” – sort of) • Outside disclosures (other than based on Rule 1.6 exceptions) are after failure of up-the-ladder efforts • Outside disclosure tied to harm to organization itself (meaning what? – meaning almost everything)

  4. In-House Counsel • Nearly all of the rules of conduct apply equally to in-house counsel as to outside counsel, and these include Rule 1.6 and 1.13. • Differences in dynamics of how to deal with issue • Dealing with up-the-ladder issues • How does in-house counsel “withdraw” from a representation?

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