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Full-Text Articles in Law

Who Is The Client? Rethinking Professional Responsibility For Benefit Corporations, Joseph R. Pileri May 2019

Who Is The Client? Rethinking Professional Responsibility For Benefit Corporations, Joseph R. Pileri

Catholic University Law Review

A growing social enterprise movement has led companies to increasingly opt into the benefit corporation form, and those companies are hiring lawyers. Benefit corporations challenge the notion that corporate law’s primary focus is on furthering shareholder interests. While many have written about the benefit corporation with respect to corporate fiduciary law, this Article is the first to explore the form’s ethical implications for lawyers. Ethical obligations necessarily reflect substantive law governing client organizations; changes to the corporate form presented by benefit corporation legislation should reverberate in legal ethics. The legal profession, however, has not addressed how to lawyer to a …


Aba Model Rule 8.4(G) In The States, Josh Blackman Jan 2019

Aba Model Rule 8.4(G) In The States, Josh Blackman

Catholic University Law Review

This essay will provide a brief overview of how the states have responded to

ABA Model Rule 8.4(g). Part I reviews opinions from four state attorneys

general who concluded that the rule is unconstitutional: Texas, South Carolina,

Louisiana, and Tennessee. Part II discusses the states that considered the rule

with modifications. Part III reviews the states that considered Rule 8.4(g) as

drafted. So far, only one state adopted the rule: Vermont. However, the process

is still not over, and other states are currently considering the rule.