Representing Organizations Flashcards
1
Q
When it comes to representing organizations, who does a lawyer actually represent?
A
The organization–not it’s members. Specifically, the lawyer represents the org through its duly authorized constituents, i.e. the board or governing body.
2
Q
When a lawyer represents an organization, do they have duties to the organization’s constituents?
A
Yes. The lawyer does not represent the constituents. But, when communicating with a constituent and when the organization’s interests are materially adverse to the them, the lawyer must explain that they work for the organization and not the constituent.
