Lawyers are duty bound to serve their clients’ interests at all times. Usually, this is straightforward, as the identity of the client and their interests are clear and unwavering. This is not the case, however, for lawyers representing entities, such as corporations, nonprofits, unincorporated associations, etc. These lawyers represent the entities’ interests only and not the individuals affiliated with the entity. Thus, while interacting with individuals affiliated with an entity they represent, these lawyers must make the scope and limitation of their representation clear.
Two recent cases demonstrate how critical it is for entity lawyers to make proper disclosures to individuals so that those individuals are not confused or unsure about the lawyer’s allegiances. In both cases, the lawyers face charges (disciplinary referral in one case, malpractice suit in the other) for allegedly blurring the representation line.
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