What steps should a lawyer take when a constituent's conduct could injure the organization?

• A. Resign immediately and disclose confidences.
• B. Talk to the person, suggest a separate legal opinion, then escalate to higher authority.
• C. Ignore the situation.
• D. Publicly accuse the person without counsel.

Answer: (B)

When a lawyer sees a constituent’s conduct that could injure the organization, the prudent approach is to handle it through careful, internal steps rather than bypassing processes or jumping to public accusations. Begin by talking directly with the person to understand the behavior, convey concerns, and encourage remediation or compliance. If needed, suggest obtaining a separate legal opinion to ensure an impartial analysis of the risks and consequences. If the issue persists or remains problematic, escalate to higher authority within the organization—such as the board or an ethics or governance committee—to determine the appropriate response and any corrective actions. This sequence protects confidentiality, preserves due process, and uses the organization’s governance structures to manage risk.

Resigning and disclosing confidences would undermine the attorney’s duties and harm the organization; ignoring the situation accomplishes nothing and leaves risk unresolved; publicly accusing the person without counsel bypasses due process and can expose parties to liability.