Caught in the Middle: Ethics, Whistleblowers and Dual Roles in Health Care (On-Demand Ethics Session)

Register

This session examines the ethical obligations of organizational counsel representing health care entities under Model Rules 1.13, 4.1, 4.2, and 4.3, with particular attention to ABA Formal Opinion 514 and its treatment of constituent risk disclosure and role clarification. The presenters apply this framework to internal compliance investigations, distinguishing individual licensee reporting duties (state medical and nursing boards, DEA) from organizational reporting obligations, and address DOJ cooperation-credit policies (Yates Memo, Monaco Memo, Corporate Enforcement Policy) that heighten conflict risk once individual accountability is at issue. Three real-world scenarios—an impaired clinician, a government subpoena, and a persistent internal complainant—illustrate where organizational and individual interests diverge and where counsel must recommend independent representation.

Speakers:

Caitlin Forsyth, Partner, Davis Wright Tremaine LLP
Ally Kjellander, Associate General Counsel, Life Flight Network 

Learning Objectives:

Attendees will apply the following analytical and practical skills to their own compliance and investigation work:

  • Identify the Model Rules of Professional Conduct (1.13, 4.1, 4.2, 4.3) that govern an organizational lawyer's duties to a health care entity and its constituents.
  • Analyze ABA Formal Opinion 514's guidance on an organization's duty to disclose constituent legal risk and correct role misunderstandings.
  • Distinguish individual licensee reporting obligations (medical and nursing boards, DEA) from organizational reporting duties under state and federal frameworks.
  • Apply practical safeguards—Upjohn warnings, ongoing conflict reassessment, and referral to independent counsel—when dual-role risks arise during compliance investigations.

Credit Information


CLE: The maximum number of credits available for ON DEMAND is 1.0 legal ethics for a 60-minute state and 1.2 legal ethics for a 50-minute state. Please note that the availability of credits may vary from state to state.  This self-study course will be available for purchase for approximately one year after the recording date, but state rules on duration of eligibility for CLE-credits differ, so please check with your state before purchasing self-study offerings. 

CPE: On demand credits are not available.

CCB:  On demand credits are not available..   

For additional information, please visit the AHLA Continuing Education page. 


Register