News and Insights

Gabrielle Friedman Presents CLE on the Ethics of “Pool Counsel” for ABA Criminal Justice Section

News and Insights

Gabrielle Friedman Presents CLE on the Ethics of “Pool Counsel” for ABA Criminal Justice Section

EventOctober 25, 2022

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