Lawyers advising businesses on transactions or negotiating on their behalf often confront a range of important ethical questions. The biggest is, who is your client? Often a company’s owners or managers will not understand the distinction between representing them and representing the company? There are also issues of identifying and clearing conflicts among clients when they are negotiating deals with each other. Negotiation issues – how far can a lawyer go in representing a client? – are also an area of substantial risk. Also, lawyers are sometimes confronted with issues about what to do when clients are dishonest. This program will provide you with a real world guide to ethical issues when representing clients in business transactions.
· Ethical issues in business and corporate practice
· Identifying your client in a variety of transactional contexts – the company v. its managers?
· Conflicts of interest in representing both sides of a transaction
· Ethical issues in transactional negotiations and communications with represented parties
· Representing clients you know to be dishonest and reporting wrong-doing “up and out”
Thomas E. Spahn, McGuireWoods, LLP – McLean, Virginia
William Freivogel, Freivogel Ethics Consulting – Chicago