External counsel and five conflict of interest puzzles

Corporate law departments that confront a conflicts situation with outside counsel should turn to Freivogel on Conflicts at www.freivogelonconflicts.com/new_page_36.htm. Each of the seven situations discussed by Freivogel sounds very plausible; here are five:

(1) a boutique you retain insists on your waiving in advance any conflicts that might arise after the current matter ends;

(2) a firm you currently use has sued a one of your subsidiaries [periodically send your firms an updated list of corporate affiliates];

(3) an associate you have used leaves the firm and joins another firm, one that is suing you;

(4) you find yourself in a dispute over a contract that external counsel drafted, and have to decide whether to use that firm to handle the dispute; and

(5) before taking part in a competitive selection, one of the firms asks you to sign a letter stating that you will not disclose any confidential information during the interview and that the firm can oppose you in the matter if you do not select them.

We welcome comments

Your email address will not be published. Required fields are marked *