LEGAL
A month dedicated to ethics
From complications with attorney-client privilege, to adequately resourcing compliance programs, to meeting confusing state requirements, in-house counsel have to deal with challenges that extend well beyond what any CLE could offer. We are dedicating the June Corporate Counsel Connect to some of the unique ethical issues that in-house lawyers face. Also be sure to check out the Westlaw® Corporate Twitter, the Corporate Counsel News & Views section on legalsolutions.com, and the Legal Solutions Corporate Counsel blog for more in-depth articles and guidance on the ethics challenges confounding in-house professionals today.
The Insider: Common ethics issues for in-house counsel
I was in-house counsel for over 20 years, and I recall that one of the challenges was finding practical advice for in-house counsel on ethics issues. What I came to realize is that many of the ethics issues I dealt with as in-house counsel were broader than what a specific section of the rules did or did not mandate that I do. Instead, what I really needed was a general awareness of my different ethical obligations, including those under and not under a given rule.
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The privilege of PR: Application of the attorney-client privilege to crisis communications and public relations in breach response planning
Cyber-attacks have become a matter of everyday reality for all businesses. Regardless of industry or size, it is no longer whether a data breach will happen, but when. And waiting for a breach to occur before designing and implementing a cyber-incidence response plan is generally a recipe for disaster. Often overlooked, however, is the need to include a carefully crafted crisis communication or public relations strategy and to do so in a way that extends the attorney-client privilege to the crisis communication firm.
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The practical challenges for in-house lawyers in meeting their duties of competence and diligence
One of the biggest attractions of in-house practice is the diversity of projects and issues that are likely to come your way. At the same time, however, this situation raises serious ethical issues for lawyers who are continuously being pushed outside their professional “comfort zone” since they are required to serve their clients, in this case the companies for which they work, with competence and diligence.
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CCOs facing increased scrutiny, resource shortages: Results of DLA Piper’s 2016 Compliance and Risk Report
Compliance and regulatory issues have been on the top of the list of what keeps general counsel up at night for several years running. Those feeling even more pressure? The compliance professionals themselves. Indeed, a recent report from DLA Piper shows just how much scrutiny chief compliance officers are under in this ever-changing environment. Corporate Counsel Connect had the opportunity to speak with Brett Ingerman on the results of the survey, the implications for compliance professionals, and what’s now keeping those CCOs up at night.
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Are you practicing without a license? Your new state may say so
In-house counsel often find themselves in a unique position vis-à-vis the practice of law. While most traditional attorneys practice in a limited geographical scope, in-house counsel may often be called upon to become familiar with law in a number of jurisdictions, extending beyond state boundaries and sometimes even national ones. But this broad scope of practice may pose problems for many in-house counsel – particularly those who actually may be “practicing law” under that specific jurisdiction’s rules but have not been licensed to practice therein.
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The ethics of pro bono
As more legal departments move to identify and create pro bono opportunities for in-house counsel and other legal department staff, it is important to consider the ethical rules that impact pro bono service. The ABA Model Rules of Professional Conduct recognize that it is important for all attorneys to provide legal services to those who are unable to pay for them.
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Five steps general counsel should consider to protect their companies from enforcement actions on imports made by forced labor
The Commissioner of U.S. Customs and Border Protection (CBP) has promised Congress more enforcement actions against imports made by forced labor. His statements follow an amendment to the customs laws earlier this year which closed a loophole that exempted products made with forced labor if the merchandise was not available in the United States in sufficient quantities to meet U.S. consumer demand. Since the changes, CBP created a task force that will focus on the interdiction of forced labor imports.
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In-house counsel’s dual role and ethical considerations
To be effective as an in-house attorney, counsel must fully understand the company’s business goals and objectives and be perceived as promoting rather than blocking strategic company initiatives. However, company personnel must understand that in-house counsel’s first priority is as a legal advisor to the company. This is especially true when in-house counsel is involved in intra-company communications that require confidentiality and also may be protected under the attorney-client privilege or work product protection.
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Top ten things to keep in mind as your company considers whether or not to conduct business with an organization or individual
How important is it to know with whom you’re doing business? You don’t have to look very far for the answer. The multimillion-dollar Ponzi schemes and government fines you hear about are giving way to those with three additional zeros! In response, organizations across the country and globe are beefing up their due diligence programs and investing heavily to comprehensively guard against large monetary outlays and reputational calamity. In which area do you expect your company will be making the most significant changes due to FCPA guidance?
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