How corporations handle Rule 4.2

Article Abstract:

Following ABA Rule 4.2 against ex parte contact with the client of another attorney can pose special challenges to corporate counsel. The hypothetical given to discuss these challenges involves an investigation of possible fraud involving pension fund contributions by a multiemployer-union fund manager and the ethical ramifications of a confidential conversation by corporate counsel with a friend in the fund manager organization. Federal Rule of Civil Procedure 26(b) may give work-product protection to such a conversation but the risk of a Rule 4.2 violation is still there.

Ethical aspects, Ex parte procedure, Work product privilege (Law)

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It's tough to represent business and stay pure

Article Abstract:

Criticism of lawyers' ethics frequently overlooks the behavior of their business clients, who typically have less ethical training and sensitivity and whose resulting problems the lawyers must resolve. Legal training heightens sensitivity to both legal and ethical dilemnas and covers dealing with intricate issues. Studies of business managers show few business incentive structures reward ethical behavior and many punish it, with predictable results. Public-sector enterprises suffer particularly badly.

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It pays to be alert about unforeseen conflicts

Article Abstract:

Corporate succession may mandate a legal duty of the corporate seller's law firm to the buyer of the corporation, even if the interaction of the two parties has never been closer than at arm's length. The seller should obtain from the buyer a written consent to subsequently representing the seller in matters relating to the transaction.

Conflict of interests (Attorneys), Conflicts of interest (Lawyers)

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