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

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

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

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 2

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) 3

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  Differences in dynamics of how to deal with issue  Dealing with up-the-ladder issues  How does in-house counsel “withdraw” from a representation? 4


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