Concurrently and Ethically Representing Companies, Owners, and Employees in the Same Matter
Strategies for Avoiding Disqualification, Honoring Client's Choice of Counsel, and Managing Privilege and Work Product
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide outside litigation counsel through the practicalities and applicable ethical rules for avoiding disqualification when they are asked to represent the client as well as the client's members, officers, directors, or employees in the same matter or in depositions. The panelist will also discuss strategies and solutions for anticipating potential conflicts when a key employee-witness leaves the company.
- Relevant Model Rules of Professional Responsibility (MR 1.13, 4.3, 4.4)
- Representing the company and its owners or management
- Client employee depositions
- Foreseeing departing employee testimony
- Recent cases
The panelist will review these and other issues:
- What is "serious wrongdoing" for purposes of disqualification from representing owners/management and the entity?
- Must an attorney deal with company employees as unrepresented persons under Model Rule 4.3?
- Is the employee who is represented by the company's lawyer at a deposition simply an accommodation client?
- What is the proper way for a corporate client to offer to cover the costs of a current or former employee's representation during a deposition?
Bradley R. Hutter
Fafinski Mark & Johnson
Mr. Hutter is an Associate in FMJ’s Litigation and Bankruptcy & Insolvency practice groups. He represents... | Read More
Mr. Hutter is an Associate in FMJ’s Litigation and Bankruptcy & Insolvency practice groups. He represents business clients in litigation arising out of complex commercial transactions, fiduciary relationships, and business insolvencies. Mr. Hutter has represented a diverse set of clients from the banking, real estate, retail, transportation, construction, and aviation industries. His experience includes defending multiple-plaintiff and putative class action claims in federal court.Close