Ethical Issues in Bankruptcy Cases – Part VII

By Paul W. Bonapfel,* United States Bankruptcy Judge, Northern District of Georgia

Part VII

ISSUES IN REPRESENTATION OF INSOLVENT CORPORATIONS

Confidentiality and Privilege Issues Relating to Representation of Corporation

In the sole shareholder situation, the co-client privilege protects privileged communications between the lawyer and the shareholder during the course of the representation of both the corporation and the shareholder.  There are, however, some significant limitations on this privilege.  First, the co-client privilege is waivable by either of the clients.  Second . . .

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