Jessica Intermill Founding Member, Hogen Adams PLLC Who’s your client? Ethical issues in tribal representation November 4, 2016 Jessica Intermill Founding Member, Hogen Adams PLLC

Hon. Jeremy A. Brave-Heart Philip H. Tinker Kanji & Katzen PLLC Jessie Seim Prairie Island Indian Community Hon. Jeremy A. Brave-Heart Klamath Tribes Need for a law can come from Council Member, tribal member, commercial partner, etc. Need to decide where to start Prioritize effective, efficient Decide the best way to move from “do you think we can?” to enacted code

Who is your client? Is it the tribal council? Is it a tribal department or agency? Is it tribal members? Is it the general council? Is it the whole tribe, including its agencies and departments?

Why does it matter? Minn. and Model Rules 1.1 – 1.18 are all about the client-lawyer relationship: Diligence Communication Confidentiality Conflicts

Who is your client? Minn. Rules of Prof. Conduct: “client” not defined Model Rules of Prof. Conduct: ditto

Minn. & Model Rules 1.13(a) A lawyer employed or retained by an organization represents the organization through its duly authorized constituents.

Minn. Rule 1.13 Comment 1 An organizational client is a legal entity, but it cannot act except through its officers, directors, employees, shareholders and other constituents. Officers, directors, employees, and shareholders are the constituents of the corporate organizational client. 

Minn. Rule 1.13 Comment 2 This does not mean, however, that constituents of an organizational client are the clients of the lawyer. 

Minn. Rule 1.13 Comment 8 The duty defined in this rule applies to governmental organizations. Defining precisely the identity of the client and prescribing the resulting obligations of such lawyers may be more difficult in the government context and is a matter beyond the scope of these rules.

Minn. Rule 1.13 Comment 8 (cont.) Although in some circumstances the client may be a specific agency, it may also be a branch of government, such as the executive branch, or the government as a whole.

Who’s your client? Is it the tribal council? Is it a tribal department or agency? Is it tribal members? Is it the general council? Is it the whole tribe, including its agencies and departments?

Minn. & Model Rules 1.13(a) A lawyer employed or retained by an organization represents the organization through its duly authorized constituents.

Founding Member, Hogen Adams PLLC Who’s your client? Ethical issues in tribal representation November 4, 2016 Jessica Intermill Founding Member, Hogen Adams PLLC jintermill@hogenadams.com 651-842-9104