Prof. Michael Ambrosino of Seton Hall School of Law argues that there is too much attorney-client confidentiality. He compares New Jersey to the rest of the nation and finds the other states wanting. His take?
"One can only speculate the extent to which bad legal advice or the ethical lapses of lawyers have contributed to the seemingly endless string of cases of corporate corruption.
The judge in the 1980s Lincoln Savings and Loan case, which involved blatant violations of banking laws by bank executives, not surprisingly asked, "Where were the professionals?" That question comes to mind when assessing the current spate of corporate scandals in which more than 100 corporations are being investigated for backdating stock options.
One can only speculate the extent to which bad legal advice or the ethical lapses of lawyers have contributed to the seemingly endless string of cases of corporate corruption.
The judge in the 1980s Lincoln Savings and Loan case, which involved blatant violations of banking laws by bank executives, not surprisingly asked, "Where were the professionals?" That question comes to mind when assessing the current spate of corporate scandals in which more than 100 corporations are being investigated for backdating stock options.
Corporate lawyers who fail to adhere to the high standards required of them as lawyers and fiduciaries are exposed to securities law, common law fraud, legal malpractice and disciplinary liability. Ethics rules that impose obligations on lawyers to disclose client confidential information to the extent reasonably necessary to prevent a fraud upon third parties increase that exposure and thereby render them more accountable to the public interest.
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