Originally published in the June/July 2012 issue of Corporate Counsel Connect.
In-house attorneys deal with all the same challenges law firms face – screening off conflicts, preventing waivers of attorney-client privilege and exercising the duty of care – but their close relationships to their employers/clients often make a difficult ethical quandary turn worse. The key to containment of ethical problems is early recognition and prevention.
Conflicts With Former Clients -
In San Francisco City and County v. Cobra Solutions (2006) 38 Cal. 4th 839, the entire San Francisco City Attorney’s office was vicariously disqualified from representing the city in a civil action because City Attorney Dennis Herrera formerly represented one of the defendants while he worked in private practice. Though Herrera screened himself from the litigation, the California Supreme Court concluded that Herrera’s subordinates would not be entirely insulated from their boss’s policy decisions. The court disqualified the entire City Attorney’s office.
Please see full article below for more information.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.