Connecticut Rules of Professional Conduct (Connecticut Practice Book)
Client-lawyer relationship (Rules 1.1 to 1.18) – Connecticut Rules of Professional Conduct (Connecticut Practice Book)

Connecticut Rules of Professional Conduct (Connecticut Practice Book) 1.13: Organisation as client: act for the entity, report wrongdoing up, and clarify roles with constituents

What does 1.13 require?

An organisation's lawyer represents the entity, acting through its duly authorised constituents. On knowing that an officer, employee or other associated person is acting, intends to act or refuses to act in a way connected with the representation that breaches a legal duty to the organisation or breaks the law in a way imputable to it, and is likely to cause it substantial injury, the lawyer must do what the organisation's best interest reasonably requires, which ordinarily means escalating the matter to higher authority, up to the highest body that can act for the organisation under applicable law. If that highest authority insists on, or fails to deal with, an action or refusal that is clearly unlawful and the lawyer reasonably believes substantial injury is reasonably certain, the lawyer may reveal information to the extent reasonably necessary to prevent it, except where the lawyer was retained to investigate the alleged violation or to defend the organisation or a constituent against a claim about it. A lawyer discharged or withdrawing over such action must take reasonable steps to make sure the highest authority learns of it. When the organisation's interests are adverse to those of a constituent the lawyer is dealing with, the lawyer must explain who the client is, and any dual representation of a constituent that needs Rule 1.7 consent must get it from an appropriate official other than the person represented, or from the shareholders.

Maintained by Gerard Blokdyk

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