On January 8, 2025, the American Bar Association (ABA) released Formal Opinion 514, titled “A Lawyer’s Obligations When Advising an Organization About Conduct that May Create Legal Risks for the Organization’s Constituents.” Issued by the Standing Committee on Ethics and Professional Responsibility, ABA formal opinions provide valuable guidance on ethical issues that impact a broad spectrum of attorneys.
Formal Opinion 514 references numerous sources, including an article co-authored by Professor Sarah Duggin, Shannon “A.J.” Singleton, and James D. Wing. Their article, titled "The “Cooperation Revolution” and the Professional Ethics of Giving Advice on Executive Protection Issues," was published in the Fall 2022 issue of The Business Lawyer. The piece examines ethical challenges faced by corporate counsel when interacting with nonclient constituents who may misunderstand the role of lawyers representing organizations.