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
An encore presentation with Live Q&A.
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.
Outline
- 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
Benefits
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?
An encore presentation featuring Live Q&A.
Faculty

Bradley R. Hutter
Shareholder
Fafinski Mark & Johnson
Mr. Hutter represents business clients in litigation arising out of complex commercial transactions, fiduciary... | Read More
Mr. Hutter represents business clients in litigation arising out of complex commercial transactions, fiduciary relationships, and business insolvencies. He has represented a diverse set of clients from the banking, real estate, retail, transportation, construction, and aviation industries. Mr. Hutter’s experience includes defending multiple-plaintiff and putative class action claims in federal court. He is a former Assistant Attorney General in the Minnesota Attorney General’s Office and draws on this experience to advise businesses facing enforcement actions or investigations, as well as clients considering affirmative litigation against the government. He also brings his government experience to bear when clients find themselves in business disputes that are made riskier or more complicated by a regulatory or administrative law issue. Mr. Hutter is also a co-leader of FMJ’s E-Discovery practice group.
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