Please explain how conflicts of interest dynamics are different when the client is a corporation, and how the legal assistant working in a corporate legal department needs to be especially careful.
What will be an ideal response?
Corporations, or other similar entities, consist of constituents. In a corporation, the
constituents include the shareholders, the board of directors, and the employees (including
executives). The client, however, is the corporation, not the constituents, even those
constituents who have the power to control the corporation and direct the corporation’s legal
department. This can lead to a conflict if some of the constituents are doing things that could
harm, or have harmed, the corporation—for instance, if someone in the corporation has
committed a corporate crime. Here, the lawyer needs to act in the best interests of the
corporation—the client—and not the wrongdoer. But, because of the duty of confidentiality,
the lawyer, after having followed the chain of command, must refrain from disclosing
negative corporate information when ordered to do so by the chief executive or the board.
The legal assistant, working in a corporate legal department, needs to be careful to avoid
disclosing client information. Unlike every other employee of a corporation, the legal
assistant is bound by the duty of confidentiality on behalf of the corporation. That means that
such a legal assistant cannot be a whistle-blower, reporting publicly on the transgressions of
the company or informing the government about the company’s crimes.
You might also like to view...
Although there is no indication that the natural human reluctance to leave home and family is any less pronounced among the highly skilled, in some countries policy failures by governments have encouraged large numbers of skilled people to migrate.
a. Stay in their home b. Migrate c. Participate in an underground economy d. Accept menial jobs.
The following standards of proof are listed from least demanding to most demanding:
a. clear and convincing; preponderance of the evidence; beyond a reasonable doubt b. preponderance of the evidence; beyond a reasonable doubt; clear and convincing c. preponderance of the evidence; clear and convincing; beyond a reasonable doubt d. beyond a reasonable doubt; clear and convincing; preponderance of the evidence e. clear and convincing; beyond a reasonable doubt; preponderance of the evidence
List three cash inflows and three cash outflows for capital investments
Cash inflows Cash outflows What will be an ideal response
A contract for the purchase and sale of a home is required to be in writing by the
a. statute of limitations. b. statute of frauds. c. Torrens System. d. title examiner.