The American Bar Association’s (ABA) Formal Opinion 514, issued on January 8, 2025, provides guidance on the ethical responsibilities of lawyers when advising organizational clients concerning future actions or conduct that may pose legal risks to the organization’s constituents, including employees, officers, or board members. The opinion emphasizes that while the organization is the lawyer’s client, the lawyer’s advice by necessity must be conveyed to the organization through duly authorized individual constituents who may have their own distinct legal interests. The fundamental challenge for the lawyer lies in ensuring these constituents understand the lawyer’s role – namely, that the advice is given solely in the organization’s interest and does not constitute personal legal counsel. The opinion emphasizes the importance of lawyers clearly defining their role as representatives of the organization to prevent misunderstandings that could lead to the organization’s constituents mistakenly relying on the lawyer’s advice in their personal capacities. To continue reading, please visit https://www.sherin.com/law-firm-defense/2025/01/14/organizational-lawyers-and-the-organization-constituent-divide-five-takeaways-from-aba-formal-opinion-514/