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John Gaal's Ethics Corner
Q: I represent an organizational client. I have concerns that some recent decisions made by my client contact have been ill-advised. I do not believe that anything illegal is going on, but I do question whether my client is being well served by some of these decisions. Do I have an obligation to report my concerns to anyone else in the organization?
A: Actually, no. New York's Code of Professional Responsibility, in DR 5-109, imposes an obligation on lawyers representing organizational clients to report certain matters “up the corporate ladder,” but that provision is narrowly drawn.
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