September 17, 2007
Close Corporations Conflicts
The Alabama Office of General Counsel recently issued an ethics opinion in response to a question posed by the general counsel to a closely held corporation. The entity is owned by two husbands and wives--the relationship is "now completely deteriorated and [the two sets of spouses] are incompatible." The opinion states that the general counsel may continue to represent one set of spouses in matters that are "are not in any way related" to the corporate matters.
Consistent with Rule 1.13, "[the attorney] can represent the corporate entity only at the request and instructions of a majority of the board of directors, which...ha[s] been obtained in the instant case." (Mike Frisch)
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