Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

On March 30, 2007, Squire Sanders sponsored a continuing education training on ethics in Burlingame, CA.  The training dispensed a list of articles and cases on the obligations of attorneys in public and private companies relating to privilege, professional tensions, and client confidences.

The speakers discussed whether a former in house attorney is able to have a wrongful termination action against the company.  Discussions about confidences were role played.  A member of the audience said that a protective order is able to cover the confidentiality issue. 

The speakers said that in house attorneys should make sure not to mislead anyone at the company on who they represent.  They represent the company, not the officers or any particular employee.  When doing an investigation, the attorney should make sure to disclose the fact that he/she represents the corporation, and not answer any personal questions from an employee.

If an in house attorney is advising the corporation, he/she is able to go to another in house attorney for advice on an issue.  This is because the other in house attorney also represents the corporation.  However, if it is personal advice such as an ethical matter that the attorney needs resolved, the other in house attorney should be wary of giving advice that conflicts with his/her role as a representative of the corporation, not another attorney he/she works with.  If the attorney is advising another attorney on an ethical matter, he/she needs to be aware of confidentiality issues.