Ethical Challenges for In-House Counsel: Balancing Organizational and Individual Interests

Attorneys often provide guidance to organizations through their board members, officers, and employees. However, what responsibilities does an in-house attorney have when advising clients about actions that may pose legal risks to individuals who are not clients? This session will explore the relevant Model Rules of Professional Conduct that outline an attorney’s duty to the organization in these situations, including Rule 1.1 (Competence), Rule 1.4 (Communications), and Rule 2.1 (Advisor). The webinar will also address other important rules, such as Rules 4.1, 4.3, and 1.13(f), which require attorneys to clarify that they do not represent these individuals personally. Additionally, the speakers will provide recommendations on how to effectively meet these duties and obligations.