Organizational Clients

Question 1

What is the three step analysis for Reporting requirements for organizational clients?

Answer 1

1.) Assess the gravity of the harm

2.) Report Up (mandatory)

3.) Consider Reporting out (permissive)

Question 2

What are the elements which would require reporting constituent conduct to an organizational client?

Answer 2

1.) The lawyer has knowledge of the conduct
2.) actor is a constituent
3.) Acting/omitting
4.) Violation of legal duty OR Violation of law which could be imputed
5.) Lawyer reasonably believes will cause substantial harm to the organization; AND
6.) related to the scope of the lawyer’s employment

Question 3

If the harm is sufficient MUST the attorney report the misconduct to a higher authority WITHIN the organization?

Answer 3

Yes. Reporting within organization is mandatory.

Question 4

If the harm is sufficient MUST the attorney report the misconduct to an outside authority?

Answer 4

No. Reporting to outside authority is merely permissive.

Question 5

When may an attorney report constituent misconduct outside of the organization?

Answer 5

1.) When organization is intransigent (isn’t fixing the issue when told)
2.) clear violation of law
3.) WILL cause substantial harm to organization
4.) disclosure is NECESSARY to prevent harm

Question 6

What must a lawyer do if they believe they were discharged due to whistleblowing?

Answer 6

Report to highest authority

Question 7

What must a lawyer do EVEN IF they withdraw due to their knowledge of misconduct?

Answer 7

Report to the highest authority

Question 8

Who is the highest authority in most organizations?

Answer 8

Board of directors.