EARN CLE ETHICS CREDITS
Resolving Ethical Challenges for ERISA Attorneys
Greg Ash
Partner
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
