Multistate Professional Responsibility Exam Practice Question
An attorney represents a business in a claim against a corporation. The corporation has legal representation. The attorney learns that a key accountant at the corporation holds crucial financial details relevant to the claim. The attorney contemplates contacting the accountant to secure those details. Which statement most accurately reflects the ethical obligations?
The attorney coordinates with the organization’s counsel to address the accountant’s role in the dispute
The attorney schedules a call with the accountant to discuss publicly available information related to the case
The attorney contacts the accountant about the matter while ensuring confidentiality of relevant information
Have a staff member reach out to the accountant to avoid direct communication
An accountant with a pivotal role in a disputed matter is considered part of the represented organization. Direct communication without counsel’s involvement can undermine the representation. Merely ensuring that privileged information remains protected or focusing on public data does not eliminate the requirement to respect the corporation’s legal counsel when the employee’s role is central to the dispute.
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What does it mean for an accountant to be considered part of a represented organization?
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What steps should an attorney take to properly communicate with a key accountant involved in a case?
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Multistate Professional Responsibility Exam
Transactions and communications with persons other than clients