ive to these potentially conflicting interests. Although predicting the future always is difficult, one thing is certain: There will be more confusion and difficulty, not less, in the area of multiple representation. And for that reason the lawyer should evaluate whether there is a conflict or a potential conflict in representing someone in addition to representing the company. Several factors should be considered during this evaluation: the nature of the matter, whether it is a criminal or civil matter, whether it involves litigation or a regulatory investigation; the individual's role in the matter, whether the person is a target of an investigation, a key witness or a custodial of records; and the individual's status, whether he or she is a senior officer or director, a temporary employee or and ex-employee. Also lawyers need to ensure that individuals involved in the matter understand the role of corporate counsel, understand multiple representation and consent to that representation.
Counsel should take the following steps in order to provide himself with an ethical shield while allowing for productive fact-gathering:
Tell the employee the reason for the meeting.
Explain that, as the corporate at
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