Representing an Entity: The Attorney-Client Privilege and Duty of Confidentiality

19 Pages Posted: 3 Nov 2021 Last revised: 10 Dec 2021

See all articles by Herrick K. Lidstone

Herrick K. Lidstone

Burns, Figa & Will, P.C.; University of Denver Sturm College of Law

Date Written: December 9, 2021

Abstract

There are significant questions surrounding the organizational attorney-client privilege and the attorney’s duty of confidentiality to his or her organizational client under Rule 1.6 of the Colorado Rules of Professional Conduct (“Colo. RPC”) and Colorado statutes. These are important questions and impact the practice of business law in general. Among the questions are:

1. Who can assert the privilege?

2. What happens to the privilege when the client merges?

3. Can current management protect their attorney-client communications from disclosure by successor management?

Keywords: attorney-client privilege, duty of confidentiality, ethics, rules of professional conduct

JEL Classification: k2, k22, k39, k40

Suggested Citation

Lidstone, Herrick K., Representing an Entity: The Attorney-Client Privilege and Duty of Confidentiality (December 9, 2021). Available at SSRN: https://ssrn.com/abstract=3944803 or http://dx.doi.org/10.2139/ssrn.3944803

Herrick K. Lidstone (Contact Author)

Burns, Figa & Will, P.C. ( email )

6400 S Fiddlers Green Circle
Suite 1000
Greenwood Village, CO 80111
United States
303-796-2626 (Phone)
303-796-2777 (Fax)

HOME PAGE: http://www.bfwlaw.com

University of Denver Sturm College of Law ( email )

2255 E. Evans Avenue
Denver, CO 80208
United States

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