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.

The program was sponsored by the ABA Criminal Justice Section, and is available on demand here.