The ABA Formalizes “Who Is the Lawyer’s Client?” Professional Obligations
- February 07, 2025
- Michael W. Peregrine , McDermott Will & Emery LLP
- Joshua Rogaczewski , McDermott Will & Emery LLP
Health lawyers should take note of a new “Formal Opinion” from the American Bar Association (ABA), concerning the lawyer’s professional obligations when interacting with the nonclient constituents of a client organization. The essence of the new Opinion is to remind an organization’s lawyer to take reasonable measures to avoid or dispel those constituents’ potential misunderstandings about the lawyer’s role when representing the organization, i.e., that the lawyer represents the organization and not the constituents.
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