Inn dealing with problems in-house, counsel are often presented with a variety of ethical issues. In this program we will, through the use of a hypothetical problem, examine counsel’s duty to warn employees when interviewed, counsel’s ability to preserve privilege when conducting interviews, counsel’s duty to the corporation or other business entity as opposed to the individuals who manage the business and other questions. These written materials provide some background in analyzing these questions.
The blurred line between legal advice and business decisions has resulted in court decisions that demonstrate a willingness to pierce the once sacred attorney-client privilege. A portion of the
material will review the piercing and preservation of the privilege, in addition to presenting practical guidelines for maintaining it. Sarbanes-Oxley and the newest proposed Model Rule of Professional Conduct have also weakened client confidentiality.