For many years, corporations and other clients have employed in-house counsel to provide legal services, either in conjunction with outside counsel or not. A more recent trend is for law firms to designate a partner or group of attorneys to serve as in-house legal counsel to the firm.
A Quagmire Of Uncertainty
most lawyers considering their ethical obligations under applicable rules of professional conduct typically aren't employees or partners of the client itself. Likewise, ethics rules and authorities, virtually invariably, address the traditional attorney-client relationship. The role of in-house corporate and law firm counsel, from an ethical perspective, has received very little reported attention. But that doesn't mean that these issues aren't there, or that a law firm or corporation does not need to pay attention to these issues. Failure to plan ahead on ethics strategies, with the help of experienced ethics practitioners, could subject the entity to increased risk of liability. The lawyers involved likewise could be exposed both to liability risks and to potential bar counsel grievances or unauthorized practice of law (ULP) complaints. The three most troubling aspects of these issues are discussed below.
By
Jeffrey P. AyresThis premium content is locked for LawJournalNewsletters subscribers only
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