WebCredenza 2023 Ethics of identifying your client: It's not always easy audio replay

The first step in every ethics analysis is answering the question, who is your client? It’s seemingly a very easy question to answer, but it’s not always 20/20 except in hindsight. Representing multiple parties on the same matter, whether in litigation or on a transaction, may mean you have many clients, some, or all with conflicts. If you’re a private practitioner, and you represent an organization, your client may be the entity, its officers from whom you are taking directions, or possibly both. If you’re an in-house attorney, the analysis – and its implications for the attorney-client privilege – becomes even more complex. This program will provide you with a real-world guide to the ethics of identifying your client in a variety of settings, avoiding conflicts of interest with the client. 

• Ethics and identifying your client and avoiding conflicts in transactions and litigation.
• Representing business entities, nonprofit associations, and the government – client v. person giving directions.
• Identifying clients in trust and estate planning – the testator or the person paying your fees?
• Special ethical challenges and ethical risks for in-house counsel and attorney-client privilege issues.
• How to untangle clients and conflicts in joint representations – managing conflicts and information flows.
• Best practices in documenting client representation to avoid later challenge.

Opinions and positions stated by presenters of MoBarCLE programs are those of the presenters and not necessarily those of The Missouri Bar. This program is intended as information for lawyers in Missouri, in conjunction with other research they deem necessary, in the exercise of their independent judgment.