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Ethical Considerations When Counseling the Organizational Client
September 10, 2020 @ 11:00 am - 1:00 pm$180
This program will discuss select Rules of Professional Conduct that an attorney must consider when counseling an organization rather than an individual. The program will focus on issues particular to a federal government contracting attorney when advising the organizational client.
Using the ABA Model Rules of Professional Conduct with reference to the D.C. Rules of Professional Conduct the course will cover:
- Rule 1.13: The organization as a client and the unique challenges this poses when representing a federal government contractor considering FAR Mandatory Disclosure rules;
- Rule 2.1: The attorney as an advisor;
- Rule 1.6: Maintaining client confidentiality
- Identifying and protecting attorney-client privileged and confidential information
- Protecting attorney work product
- The crime fraud exception to client confidentiality
- Rule 4.2: Dealing with unrepresented parties – employees, subcontractors, teaming partners, and prime contractors
- Rule 1.7: Conflicts of interest to include conflicts that are prohibited and conflicts which may be permitted with client consent
- Rule 1.16: Terminating the attorney-client relationship
The program will use hypothetical situations to demonstrate how ethical issues arise for an attorney representing the organization and will provide practical approaches to mitigate and manage ethical issues, such as:
- Considerations for an engagement letter that aid in identifying the client and the scope of work
- Advising the client beyond the law
- Communicating with government officials
- Communicating with legal counsel for subcontractors, teaming partners, prime contractors and employees
- Conducting an interview of the employees of the organizational client
- Protecting attorney-client privilege and attorney work product in the face of FAR’s mandatory disclosure requirements
- Who Should Attend? In-house and firm lawyers advising federal government contractors – corporations, non-profits and trade associations.
- Why Should Someone Attend? An attorney should attend to refresh their understanding of professional obligations when advising the organizational client; to hone their skills in identifying professional conduct issues when advising the organizational client; and to obtain practical solutions for mitigating the risk of non-compliance with the rules of professional responsibility.
Instructor: Margaret M. Cassidy Esq., Principal, Cassidy Law PLLC