(d) A lawyer representing an organization may also represent any of its directors, officers, employees, members, shareholders or other constituents, subject to the provisions of Rule 1.7.
Thus, under Rule 1.13 (d), a lawyer for an organization may represent one or more of the organization’s constituents simultaneously if certain conditions are met. But the focus of this article is on whether the lawyer automatically represents constituents by operation of law, even if the lawyer has not intentionally undertaken to represent them.
[9G] Under certain circumstances, a law firm may also need to include information about the constituents of a corporate client.
The Executive Office of the President also includes the Council on Environmental Quality, the Office of National AIDS Policy, the Office of National Drug Policy, and the Office of the United States Trade Representative. The president is free to establish new agencies within the EOP.
The role of the US Cabinet is to counsel the President on various matters related to their respective offices. The secretaries of each department are expected to directly advise the President in any way that he or she may require.
The Attorney General is the head of the DOJ and chief law enforcement officer of the federal government. The Attorney General represents the United States in legal matters, advises the President and the heads of the executive departments of the government, and occasionally appears in person before the Supreme Court.
Major Independent AgenciesCentral Intelligence Agency (CIA) ... U.S. Commission on Civil Rights. ... Consumer Product Safety Commission. ... Corporation for National and Community Service. ... Environmental Protection Agency (EPA) ... Equal Employment Opportunity Commission (EEOC) ... Farm Credit Administration (FCA)More items...
Key roles of the executive branch include: President—The president leads the country. He or she is the head of state, leader of the federal government, and Commander in Chief of the United States armed forces. The president serves a four-year term and can be elected no more than two times.
Advice and Consent. the authority of the senate to ratify treaties, confirm cabinet, and judicial appts., a legal expression in the United States Constitution that allows the Senate to constrain the President's powers of appointment and treaty-making. 12th Amendment.
Federalism is a system of government in which the same territory is controlled by two levels of government. Generally, an overarching national government is responsible for broader governance of larger territorial areas, while the smaller subdivisions, states, and cities govern the issues of local concern.
Independent executive agencies of the U.S. federal government are those that, while technically part of the executive branch, are self-governed and not directly controlled by the President.
Noun. 1. independent agency - an agency of the United States government that is created by an act of Congress and is independent of the executive departments.
Example: Examples of Executive Agencies include: Department of Commerce (DOC); Department of Defense (DOD); Department of Justice (DOJ); Department of State (DOS); Department of the Treasury (Treasury); Department of Transportation (DOT); Department of Homeland Security (DOHS); Department of Health and Human Services ( ...
Definition: Executive power is an authority to administrate and manage an organization. The term is used in business environments to identify the power given to a person or group to command certain company.
Judicial power is the power “of a court to decide and pronounce a judgment and carry it into effect between persons and parties who bring a case before it for decision.” 139 It is “the right to determine actual controversies arising between diverse litigants, duly instituted in courts of proper jurisdiction.” 140 The ...
The doctrine of executive privilege defines the authority of the President to withhold documents or information in his possession or in the possession of the executive branch from compulsory process of the legislative or judicial branch of the government.
The New York Rules of Professional Conduct attempt to answer the question of client identity when a lawyer represents an organization. Rule 1.13 (a) provides as follows:
477 (1977) (explaining that the lawyer for the executor of an estate need not provide substantive legal advice to potential beneficiaries because doing so would violate the lawyer’s duty to provide undivided loyalty to his client, the executor).
The most difficult problems of client identity may be the ones that received the least attention in this article — the problems of representing small or closely held corporations with few shareholders. I have written on that topic before in this newsletter — see Who Is Your Client in Small Business Matters? [NYPRR, Dec. 1999) (discussing Catizone v.Wolff, 71 F. Supp.2d 365 (S.D.N.Y. 1999)] — but there is much more to say, and I will return to that issue in the future.
The Court: You did represent the policyholders, because there was — they were the corporation. That’s the problem. The problem was that all of the former or the policyholders were the owners of the corporation. So you represented them and the track if you will because there was no — they were your clients.
One of the most difficult questions to answer is whether a lawyer who represents a corporation may accept or continue a representation adverse to an affiliate of the lawyer’s corporate client. In ABA Formal Ethics Op. 95-390 (1995), one of only a handful of ABA ethics opinions with multiple dissents, the ABA ethics committee opined that a lawyer who represents a corporate client “is not by that fact alone necessarily barred from a representation that is adverse to a corporate affiliate of that client in an unrelated matter.” (One dissenter argued that “the suit against the subsidiary will always have a direct impact on it and no matter what the majority opines, will be a conflict of interest.”) However, the majority also said that a lawyer “may not accept such a representation without consent of the corporate client if the circumstances are such that the affiliate should also be considered a client of the lawyer …”
The Second Circuit said that these principles “apply as well to a mutual insurance company” because under New York law a mutual insurance company is “a cooperative enterprise in which the policyholders constitute the members for whose benefit the company is organized, maintained and operated.” But a policyholder — even in a mutual company, is “in no sense a partner of the corporation which issued the policy …” The district court had reasoned that plaintiffs were clients of Debevoise during the demutualization “because they were MetLife’s beneficiaries and the beneficiaries of MetLife counsel’s advice.” But the Second Circuit said that “does not distinguish a mutual insurance company from any other corporation.” The Second Circuit continued:
Advisory body to the president that includes the army chief of staff, the air force chief of staff, the chief of naval operations, and the marine commandant
an official in the Public Health Service who advises the president on health issues
Federal Bureau of Investigation (FBI) is the primary investigative arm of the United States Department of Justice (DOJ), serving as both a federal criminal investigative body and a domestic intelligence agency.
D.The company attorney advises the human resources manager with respect to a discrimination lawsuit filed by an employee.
Another employee assembles the sandwiches. A third employee wraps the sandwiches and operates the cash register. Which element of organizational design does this illustrate?
B.A customer service manager establishes the work schedules of customer service representatives and can discipline them in accordance with the rules of the company.
Unlike the White House staff positions or ambassadorships, cabinet appointments are not usually based on a personal relationship with the president or given as a reward. A president is more likely to base the selections on reputation, expertise, and ability to manage a large bureaucracy. Appointments are also an opportunity for a president to show that the administration represents a broad cross section of the country by including ethnic and racial minorities and women in the cabinet.
Presidents have come to rely on a large staff based in the White House to handle a wide range of administrative tasks from policymaking to speechwriting. The staff is loyal to the president, not to Congress or a government agency. Unchecked by the president, the White House staff can become a source of scandal.
The president's national security advisor supervises the council's activities. The Council of Economic Advisers (CEA) was created in 1946 to provide the president with information on economic policy. It is best known for predicting national economic trends.
The enormously complex task of preparing the federal budget for submission to Congress falls to the Office of Management and Budget (OMB). Originally established in the Treasury Department as the Bureau of the Budget, the OMB has had its powers expanded considerably since 1970.
The National Security Council (NSC), organized in 1947, deals with domestic, foreign, and military policies affecting security issues. By law, the NSC is composed of the president, vice president, secretary of defense, and secretary of state. Representatives of the intelligence and defense communities are also members.
The most important position in this group is the chief of staff, who is responsible for seeing that the president's legislative goals are carried out by working with Congress on the legislative agenda. The National Security Council (NSC), organized in 1947, deals with domestic, foreign, and military policies affecting security issues.
The Executive Office of the President (EOP) comprises four agencies that advise the president in key policy areas: the White House Office, the National Security Council, the Council of Economic Advisors, and the Office of Management and Budget. The president's main advisers, often long-time personal friends or people who played a key role in ...