Conflicting Loyalties: When corporate counsel should not represent a shareholder
Scott I. Unger, Shareholder in Stark & Stark’s Shareholder & Partner Dispute Group, authored the article, Conflicting Loyalties: When corporate counsel should not represent a shareholder, for the May 23, 2011 New Jersey Law Journal Complex Litigation & E-Discovery Supplement.
The article discusses the ethical mine field of general outside counsel representing one shareholder over another in a minority oppression case. Mr. Unger states that, often times, the general counsel will be retained by one shareholder to represent them in the minority oppression case, and sometimes, that choice could result in serious ethical problems. According to Mr. Unger, “General outside counsel should consider referring litigation between the shareholders to another attorney because of the potential for ethical issues. The article will touch on various Rules of Professional Conduct which needs to be considered before general outside counsel takes sides in a minority oppression case.”
You can read the full article online here. (PDF)
