Gabrielle Friedman Presents CLE on the Ethics of “Pool Counsel” for ABA Criminal Justice Section
LSW partner Gabi Friedman participated in a timely CLE program for the American Bar Association addressing the well-known but often misunderstood role of “pool counsel”– when one law firm represents multiple witnesses in a single corporate investigation.
Gabi joined Andrea Moseley of Kropf Moseley PLLC in a lively discussion of ethical dilemmas that can confront pool counsel, and offers practical tips on how to avoid those problems in the first place. Aimed at corporate in-house counsel, outside counsel for the corporation and of course counsel for individuals, the program is a one-of-a-kind update that discusses topics including:
- Ethics rules most pertinent to “pool counsel”;
- Structuring the multiple representation to best avoid being conflicted off the case if a conflict among clients materializes;
- Can company counsel act as pool counsel?
- Practical tips for a client intake meeting and engagement letter;
- Required disclosures to clients;
- Keeping client confidences and secrets while still sharing information learned from one client with another client;
- What is the greatest risk of being pool counsel and how can you mitigate it?
- Caselaw and recent ethics and disciplinary opinions on point.
Gabi has previously published on the issues in the presentation, and was a member of the Ethics Committee of the New York City Bar Association when it drafted and issued a Formal Opinion on multiple representation.