March 01, 2016

    Scruples: UpJohn Warnings

    A lawyer who is not careful in dealing with a constituent may inadvertently create a client-lawyer relationship with the constituent.

    Michael Downey

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    Seeing Paradox’s number, Ethox pushed the speaker-phone button. “I’m representing ACME Corporation in a new lawsuit,” Paradox began.

    “I want to interview the ACME employees but ensure they do not become confused about who our client is,” Paradox paused, then added, “and I don’t want to get in any trouble.”

    “A wise concern,” Ethox answered. “As you understand well, under Model Rule of Professional Conduct 1.13(a), our client in this matter would be the organization, ACME Corporation.

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