Ethics of Representing Organizations: Legal Fictions for Clients
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Fox and Martyn have combined their extensive legal knowledge and designed an accessible aid for attorneys-whether in the representation of an organization as outside counsel or as in-house counsel-in this increasingly important and complex but often-neglected process. The Ethics of Representing Organizations not only outlines ethical duties for lawyers, but also includes strategic remedies and suggestions for ethical problems as they arise.
• A must-read for any practitioner seeking the most up-to-date authority on the ethics of representing organizations
• Renowned and respected authors Fox & Martyn have combined their extensive legal expertise in legal ethics and corporate law to construct one sapient volume
• This text not only outlines ethical duties for lawyers, but also the strategic remedies and suggestions for ethical problems as they arise
• Informal and efficient stylistic layout makes this a unique and highly practical treatise, coalescing all vital practitioner information on legal ethics into one accessible reference
"In this illuminating and provocative book, Professors Fox and Martyn lay out useful guideposts to help lawyers navigate through the complexities, conundrums and uncertainties that stem from representing organizational clients. Through clear exposition of real-world dilemmas and thoughtful analysis of possible solutions, The Ethics of Representing Organizations will serve as an invaluable and thought-provoking resource for even the most experienced lawyers. Readers of this book will have a considerable advantage in meeting professional obligations and their clients' expectations. The authors have provided a work of scholarly merit and practical benefit to individual lawyers and the legal profession as a whole."
---Kenneth C. Frazier
President, Global Human Health
Merck & Co., Inc.
"A concise and crisp guide for staying out of trouble in the complex world of modern practice."
---Geoffrey C. Hazard
Trustee Professor, University of Pennsylvania Law School
Professor Emeritus, Yale Law School
Table of Contents
PART ONE Understanding the Law Governing Lawyers
SECTION I Beginning Your Representation
SECTION II Fiduciary Duty
CHAPTER 1 Who Is Your Client?
CHAPTER 2 Fees
CHAPTER 3 Control
CHAPTER 4 Communication
CHAPTER 5 Competence
CHAPTER 6 Confidentiality
CHAPTER 7 Conflicts of Interest
CHAPTER 8 Limits of the Law
CHAPTER 9 Remedies
PART TWO Representing Specific Legal Fictions
CHAPTER 10 Privately Held Businesses
CHAPTER 11 Publicly Held Businesses
CHAPTER 12 Unincorporated Associations
CHAPTER 13 Nonprofits
CHAPTER 14 Governments
PART THREE Navigating the Legal Fiction
CHAPTER 15 Five Steps to Ethically Representing Your Organizational Client
APPENDIX A Selected State Rules of Professional Conduct
APPENDIX B Selected Sections of the Restatement of the Law, Third, The Law Governing Lawyers