Org as a Client Flashcards
(4 cards)
What is the entity theory in organizational representation?
The lawyer represents the organization as a whole, acting through its authorized constituents—not individual members.
When must a lawyer report up in an organization?
If a constituent is violating the law in a way that harms the organization, the lawyer must report up to higher authority, possibly the board.
What is California’s stance on ‘reporting out’ to protect an organization?
California does NOT allow lawyers to disclose to outsiders to protect the organization’s interests.
What are the Control Group and Subject Matter tests for privilege in organizations?
Control Group: applies to senior management;
Subject Matter: applies to any employee with relevant info made to assist legal advice.
