Who Is My Client

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2. Know your competitors.

As for conflicts of interest, Rule 1. Unlike the approach that Rule 1. Of course, as with former clients, adverse representation by either the lawyer or the firm is permissible if the appropriate parties give their informed consent. Recognizing that possibility, Rule 1. To avoid incurring unwanted obligations to prospective clients, lawyers should either discourage unilateral e-mails and faxes or urge would-be clients to avoid communicating sensitive information until the lawyer has done a conflicts check.

Nancy J.

Moore is a professor at Boston University School of Law. Ethics rules offer a deceptively simple answer to the question of who the client really is when a lawyer represents a corporation. When conflicts of interest are apparent, informed consent of each affected client under Model Rule 1. Recent corporate scandals put a new focus on the duties of a lawyer representing a company when wrongdoing occurs.

As amended, Model Rule 1. This change would raise additional conflicts issues. Nearly as problematic is an alternative proposal that would require the lawyer to withdraw and the corporation but not the lawyer to disclose the withdrawal. Lawyers representing corporations must take care in determining who is actually the client.

Lawyers also must remain alert to changed circumstances that alter their representational obligations. Insurance liability claims occur so frequently that one would think all the underlying legal and ethics issues involved in defending them would have been resolved long ago. Here is a typical scenario: Blue car and red car collide. Driver of blue car sues driver of red car. Most often, the defense lawyer takes direction from the insurance company and settles the lawsuit to the mutual satisfaction of the insurance company and its insured driver.

Nevertheless, courts and scholars continue to grapple with a most fundamental question: Whom does the defense lawyer actually represent?


The business of interpreting: FAQ 3 – Who is my client?

Is it only the driver or is it also the insurance company? Most insurance defense lawyers warn against tinkering with practices that seem to have worked well for decades. In counterpoint, ethics scholars question whether such long-standing practices square fully with modern ethical rules.

Once you have a clear picture of who your ideal client is, create a Client Persona for reference.

And they are reluctant to fashion special rules that would distinguish insurance companies from other third-party payors. Only when the legal status of the relationship has been defined do ethics issues crystallize. There is general agreement on one aspect of the relationship: The insured is a client of the lawyer. But at this point the road divides. Most decisions, however, have found that, absent a conflict of interest, the lawyer ordinarily represents both the insured and the insurance company.

Meet the Editors

Jurisdictions that have adopted the single-client view must wrestle with a number of related questions. If, for example, the insurance company is not a client of the lawyer:. And regardless of whether the jurisdiction recognizes the insurance company as a client, insurance defense lawyers should inform insureds about the relationship in accordance with Rule 1. Under subparagraph 1. From the moment the insurance company asks the lawyer to defend a lawsuit, the lawyer has to consider ethical obligations and to whom they are owed.

Michael E. In the 20 years I worked for the federal government, I never really figured out who my client was. But later on, in policy and management positions, I struggled with it almost daily.

The business of interpreting: FAQ 3 – Who is my client?

I found it particularly hard to reconcile my duties to the client whoever it was under legal ethics rules with the statutory duties imposed on me as a government employee. Looking back, I can see that my difficulty was in confusing the ethics obligations of a government lawyer with the legal obligations of a government client.

Consider now how this discovery might impact your offerings, your revenue streams, distribution channels and even pricing. Consider how you can reach this market, who you can partner with and what resources you either have or need to have in order to make an impact in this market. As your business evolves, as you learn and grow, this model will evolve as well, but perhaps the continual process of discovery is just as important as what you discover. Subscribe to the Duct Tape Marketing Podcast.

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Determining Your Ideal Customer

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Who Is My Client Who Is My Client
Who Is My Client Who Is My Client
Who Is My Client Who Is My Client
Who Is My Client Who Is My Client
Who Is My Client Who Is My Client
Who Is My Client Who Is My Client
Who Is My Client Who Is My Client
Who Is My Client Who Is My Client

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