There’s a superb post today at ArtsHacker, written by Joe Patti that examines problems that regularly fly under the radar related to board members who are also attorneys.
The lawyer may be faced with serving dual conflicting roles, one as a lawyer providing legal advice and the other as a director with a duty to govern an organization. Perhaps the biggest consideration is attorney-client privilege. Don’t assume that any communication about the organization’s business is protected by privilege and be sure the lawyer is willing to represent the organization in that situation.
The article is chocked full of insight and considerations; in short, it is well worth your time, so make a point of swinging over to give it a read.
The lawyer may be faced with serving dual conflicting roles, one as a lawyer providing legal advice and the other as a director with a duty to govern an organization. Perhaps the biggest consideration is attorney-client privilege. Don’t assume that any communication about the organization’s business is protected by privilege and be sure the lawyer is willing to represent the organization in that situation.
