Client Types Flashcards
Organizational Client: If Employee Discloses Threatening Info or Learns of Threatening Info
When lawyer becomes aware of legal violations (i.e. tax evasion) that may be attributed to organization, the lawyer must act reasonably in interests of organization → lawyer must report to appropriate authorities at organization
If after reported, the organization fails to address the issue, and lawyer believes violation will result in substantial injury to the org, then lawyer may reveal info relating to representation as is necessary (does not apply to lawyers who are hired to investigate or defend an alleged violation of law)
Org lawyers + reporting if an employee is threatening: ABA Model Rule 1.13 requires the attorney to report up the chain of command, not leap immediately to the top rung.
Lawyer who reasonably believes that he or she has been discharged because of lawyer’s actions taken pursuant to reporting situation to authorities, lawyer shall proceed to inform organization’s highest authority of lawyer’s discharge or withdrawal (
Organizational Clients
The entity theory → a representation of an organization is representation of entity itself and not of its constituents
If lawyer senses one of entity’s agents believes lawyer represents them personally, lawyer must clear up confusion
Lawyer shall explain identity of client when lawyer reasonably knows organization’s interests are adverse to constituent with whom lawyer is dealing
Org Client: Who Makes Decisions?
Lawyer turns to rules of organization or to governing law to determine who at the entity client has authority to make decisions
Clients w/ Diminished Capacity
Lawyers must treat client as normally as possible
Implied exception to duty of confidentiality 1.6 → If lawyer believes client has diminished capacity or is at risk of substantial harm, can reveal info about client to the extent reasonably necessary for protective action to individuals or entities that have the ability to take action to protect the client
With children → parents make decisions
Prospective Clients
The duty of confidentiality and privilege already apply even though lawyer and PC have not yet formed ACR
Confidentiality = shall not use or reveal PC’s info (files, evidence)
However, a lawyer does owe a duty of reasonable care to a prospective client, even though no attorney-client relationship ever comes about.
