Recall the questions posed earlier in the unit:
Legal ethics are the special rules governing lawyers when they engage in their work. Should different rules apply to lawyers than the rest of us when they are performing their professional duties?
Then consider this hypothetical situation:
Confidentiality in Civil Matters
You are general counsel at ABC, Inc., a large publicly-traded corporation with thousands of shareholders, which means you are the primary lawyer for ABC. You attend confidential planning meetings of ABC’s executives.
At a recent meeting Charles, ABC’s Chief Operating Officer, made an announcement about ABC’s waste-water storage facility:
“Folks, I regret to inform you that our tanks are starting to leak. We have no choice but to illegally discharge some highly poisonous waste-water into the sewer system to keep the tanks from failing until Maintenance can repair the leak. Otherwise the tanks may explode, releasing all the water. Fortunately, we have been able to keep it secret from the media.”
Sam, the Chief Financial Officer, agrees that this is the best they can do under the circumstances, and that they must keep the past leak, and the plan to discharge further water, confidential.
The executives do not ask your opinion. The meeting adjourns. Linda, President of ABC is not present, but you know she will read the meeting minutes later and find out what happened.
You want to protect ABC, its officers, and its shareholders, but you are also worried about your own culpability because now you know about this event.
You decide to make a written record of what happened, and your options as the company’s lawyer, to ensure that you act properly, and also so no one can say you ignored the situation:
Write a 3–4 page double-spaced memorandum titled “To the File” in which you explore your options in compliance with ABA MR 1.6. State (a) the facts of what happened at the meeting, (b) identify your options, and (c) decide what to do.
Submit your memorandum to the Dropbox by the end of Unit 6.
Content: Student correctly summarizes the facts of the meeting within the assigned fact pattern.
Student identifies his or her options in the case based on the correct application of ABA MR 1.6
Student states a decision and supports it with at least three references to ABA MR 1.6
|$22.00||Law, Criminal Justice||Bilbo||1 time(s)|
|$22.00||Law, Justice and Security||Sueawa||0 time(s)|