Types of Clients Flashcards
Organizations as Clients
The duty is owed to the organization, not its members, so must explain this whenever the organization’s interests are adverse to the individuals’.
If lawyer learns a person associated with the organization has acted or is about to act in a way that violates a duty to the org, or a law in a way that might be imputed to the organization, must act as reasonably necessary to protect the org’s interests. If the highest authority in the org fails to act, the lawyer MAY report to outside org to extent reporting is necessary to prevent substantial injury to the org. Allowed even if the info is protected by confidentiality.
CA: No outside reporting permitted. May only disclosed confidential info if an exception to the duty applies. If the highest authority fails to act, lawyer MAY withdraw.
Securities Lawyers (ABA Only)
Reporting up is mandatory and if all else fails, MAY disclose to the SEC without client consent if reasonably necessary to prevent substantial injury to org/investors, to rectify financial injury from violating involving lawyer’s services, or to prevent client from committing perjury.
Clients with Diminished Capacity (ABA Only)
May be due to age, disability, etc. Must maintain a regular attorney-client relationship, but may take protective action (e.g., appointing a guardian or consulting with an org that can help client) if lawyer reasonably believes that the client can’t protect themselves from substantial harm. In taking protective measures, the lawyer carries implied authority to reveal confidential client info to extent necessary to protect the client.
