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How Did ECUSA Get its Attorneys?
Source: Anglican Curmudgeon Blog
August 21, 2010
By A. S. Haley
 |
Mary Kostel |
As this is a principled blog, let's start with some principles. I shall use as my authority the Model Rules of Professional Conduct as adopted by the American Bar Association, which have mostly been adopted without change by the various state bar associations.
Begin with Rule 1.13, which covers a lawyer's representation of an organization as a client. The Rule provides in part:
(a) A lawyer employed or retained by an organization represents the organization acting through its duly authorized constituents.
. . .
(g) A lawyer representing an organization may also represent any of its directors, officers, employees, members, shareholders or other constituents, subject to the provisions of Rule 1.7. If the organization's consent to the dual representation is required by Rule 1.7, the consent shall be given by an appropriate official of the organization other than the individual who is to be represented, or by the shareholders.
Both David Booth Beers, who, as a former partner, is now "of counsel" to the Washington D.C. office of the law firm of Goodwin Procter, and Mary Kostel, who was formerly with that same office but is now an in-house special assistant counsel to the Presiding Bishop, have represented, and are representing, the Episcopal Church (USA) in litigation in various state courts. When they do so, then according to subsection (a) just quoted, their client is the organization itself, the unincorporated association of 100+ dioceses which make up the Church. (The local rules of the District of Columbia Bar Association do not vary significantly from the ABA's Model Rules.)
However, David Booth Beers is also the "Chancellor to the Presiding Bishop" under Canon I.2.5, who serves "as counselor in matters relating to the office and the discharge of the responsibilities of that office." And as just noted, Mary Kostel is the Presiding Bishop's personal assistant for litigation and discipline. So both Mr. Beers and Ms. Kostel have the Presiding Bishop as their client, as well. This is specifically allowed by subsection (g) quoted above, provided that the Church gives its "informed consent" to the dual representation through "an appropriate official of the organization other than the individual who is to be represented," or by the members themselves. . .
Read the entire post here.