Section 73 Identify the Client (New Section)

• Library: Business Transitions 2009 Supp

It is increasingly risky for attorneys who regularly represent corporate clients being sued to attempt to represent both their corporate client and one of its officers in that officer’s “representative” capacity in connection with a governmental agency investigation or proceeding. The issue of attorney-client confidentiality and conflicts of interest is hardly a new concern, but it is one that is expected to be increasingly scrutinized because of the enhanced regulatory oversight and stricter enforcement expected during the current economic environment. Of course, business attorneys should always be particularly focused on avoiding even the appearance of impropriety or blurred client obligations, but those representing their corporate clients should be particularly wary of also attempting to represent the clients’ officers and directors, even if only in connection with their...