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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

This webinar offers 60 minutes of ethics credit.

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, June 17, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, May 30, 2025

or call 1-800-926-7926

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 panel will also discuss strategies and solutions for anticipating potential conflicts when a key employee-witness leaves the company.

Description

When a business is sued, outside counsel often faces two potentially but common disqualifying scenarios. First, if counsel has a history with the client, and the suit is brought by members or shareholders, the same lawyer or firm is routinely asked to represent them all. Furthermore, even sophisticated owners can fail to understand that counsel for the company is not, by default, their personal lawyer.

Traditionally, courts have required separate counsel except in superficial cases. But courts are more frequently rejecting a rigid approach in favor of assessing the context to determine if the parties' interests are actually aligned. The factors considered vary by type of case.

Second, it is quite common for outside counsel to be asked to "represent" an employee witness at deposition. Whether outside counsel can or should represent is a more complex question than first appears. Counsel must consider the effect of doing so on attorney-client privilege, work product protection, and trial strategy. The dynamics between the unrepresented and represented company witness are entirely different--and things get more complicated if the witness is a former employee.

Listen as our panel guides outside litigation counsel through the practicalities and applicable ethical rules to avoid disqualification when they are asked to represent both a company and its member, officers, directors, or employees in the same matter or in depositions.

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Outline

  1. Relevant Model Rules of Professional Responsibility (MR 1.13, 4.3, 4.4)
  2. Representing the company and its owners or management
  3. Client employee depositions
  4. Foreseeing departing employee testimony
  5. Recent cases

Benefits

The panel 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?

Faculty

Manning, Diana
Diana C. Manning

Principal, Chair Business and Commercial Litigation Practice Group
Bressler, Amery & Ross

Ms. Manning has over two decades of experience in complex commercial litigation at both the trial and...  |  Read More

McCabe, Michael
Michael E. McCabe, Jr.

Managing Partner
McCabe Ali

Mr. McCabe is a registered patent attorney with 20 years of experience representing foreign and domestic entities and...  |  Read More

Sullivan, John
John B. Sullivan

Partner
Long & Levit

Mr. Sullivan’s extensive experience in representing law firms of all sizes allows him to understand claims raised...  |  Read More

Attend on June 17

Early Discount (through 05/30/25)

Cannot Attend June 17?

Early Discount (through 05/30/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video