Resolving Ethical Challenges for ERISA Attorneys

November 16, 2018 2:45pm

Greg Ash
Spencer Fane LLP (Overland Park, KS)

Sharon Goldzweig
Associate Counsel
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