EARN CLE ETHICS CREDITS
Resolving Ethical Challenges for ERISA Attorneys
Spencer Fane LLP (Overland Park, KS)
Consolidated Edison Company of New York (New York, NY)
- Assessing possible improprieties arising from the representation of multiple clients
- When is multiple representation permitted, and when is it deemed materially limited by a lawyer’s responsibilities to another client?
- Effects of changes in the scope and type of representation
- Addressing ethical dilemmas arising out of the ERISA fiduciary exception to attorney-client privilege
- Determining whether the fiduciary exception applies to privileged communications between fiduciaries of ERISA-governed plans and their or the plan’s legal counsel
- Who is the “client” entitled to privilege? — What communications are privileged?
- Assessing the content, timing and reason for the communication