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Ethics of Representing Organizations: Legal Fictions for Clients

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ISBN: 9780769870427
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Ethics of Representing Organizations: Legal Fictions for Clients authored by Lawrence Fox & Susan J. Martyn: Whether a company, organization, entity, family business, a publicly held corporation, non-profit, or even the government, the legal representation of an organization is rarely as straightforward as representing a single person. The client in such cases is a construct-a legal fiction-that often operates through many individuals with different roles, views, and interests, and therefore requires an attorney to consider any number of special professional-responsibility issues. The Ethics of Representing Organizations: Legal Fictions for Clients is the first book to practically address ethics within the special context of representing entities.

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.

Features
•   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

Reviews

"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

Authors / Contributors

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