[CLBS] Annual meeting follow up

[Kelly Greene McConnell]

After my presentation at the recent annual meeting, I was asked for an example of language in an engagement letter addressing affiliates of a client.  The following is substantially in the form of how we typically address the issues of multi-party representation as it relates to clients.  This should help avoid the “unknown client” situation with client entities.


Representation limited to corporate entity.

For purposes of this representation, our client is   _______________.  This representation does not encompass representation of officers or directors of _________________in their individual capacities.  Separate representations of such people, may be undertaken if doing so does not present a conflict of interest.

Because of the proliferation of companies affiliated through common or partial ownership, and the problems this can create in identifying potential conflicts of interest, we advise our clients that this firm will not regard any affiliate of a client (i.e., parent, subsidiary, or other related entity, including any entity in which you own stock or other interest) as a client of the firm for any purpose, unless an attorney-client relationship with that affiliate has been established by an express agreement with the firm.  Similarly, the firm will not regard a representation that is adverse to an affiliate of a client as being adverse to the client.
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KELLY GREENE MCCONNELL
GIVENS PURSLEY LLP
direct 208-388-1282
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