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Conflict of Interest Issues in Representing the Client and an Employee

Occasions arise, especially in litigation, where a lawyer for an entity may find it useful to represent an employee, or other constituent of the entity, for some limited purpose. This dual representation of an entity and its constituent raises a number of practice issues. As demonstrated in the examples within this publication, a careless handling of these issues can result in professional discipline or malpractice liability, or both. Although these examples do not involve disqualification, this result could have ensued. And, in the rare case, a lawyer may face criminal exposure.

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