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ARTICLE · 10 JANUARY 2023

Who's My Client? Vicarious Or Accommodation Clients

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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The answer: when the client is considered a "secondary," "vicarious" or "accommodation" client

United StatesLaw Department Performance

When is a client not really your client?

The answer: when the client is considered a "secondary," "vicarious" or "accommodation" client. Though often used interchangeably by courts, these terms actually have different meanings. A "secondary" or "accommodation" client is one who has an insubstantial relationship to the lawyer, because the lawyer represents her either in some nominal capacity or as an accommodation to a long-established "primary" client. For conflicts of interest purposes, this "client" is treated as if she is not and never was the lawyer's client. A vicarious client, on the other hand, is a client who the lawyer is representing through another client or, put another way, is "a member of an organization or entity that is being represented by the attorney." Ives v. Guilford Mills, Inc., 3 F. Supp. 2d 191, 202 (S.D.N.Y. 1998). This type of client is entitled to at least some protection under the conflicts rules, but not the same as a traditional client.

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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