'Professional Misconduct:' Advising a Client on Arguably Illegal Conduct - Original Program date June 18, 2010 Lessons From the Department of U.S. Justice
“Enhanced Interrogation Techniques” Investigation
2.0 Total NH MCLE, all of which may be applied toward NH Ethics
This is the archived program of the June 24, 2010 webcast. This online seminar qualifies for "live" NHMCLE credit under the Supreme Court Rule.
Earlier this year the Department of Justice made public a report of its investigation into the conduct of two Department lawyers who advised the Bush Administration on interrogating suspected terrorists. The Department’s Office of Professional Responsibility (OPR) found that the lawyers had committed professional misconduct and recommended that its findings be referred to their state bar disciplinary authorities. But a senior Department official overrode OPR’s findings and recommendation because he disagreed with the legal standard OPR had applied in reaching its decision. Although critical of the lawyers’ legal analysis, the official concluded it did not rise to the level of professional misconduct. Some have disagreed with his conclusion.
The Department’s resolution of OPR’s investigation puts a spotlight on an aspect of the practice of law that can prove problematic: whether a lawyer can give a client “the green light” for action the client proposes to take. It can be exceedingly difficult to tell an important client “No” – even when the client wants to engage in conduct that might well be illegal.
This program examines the rules of professional conduct that New Hampshire lawyers must consider when they advise a client in a transactional or litigation matter on the legality of action the client wishes to take or has taken. The program explores how lawyers can reconcile their obligation to their clients with their obligation to comply with the ethics rules without crossing the line, committing professional misconduct and risking a disciplinary sanction.
Credit Information
2.0 Total NH MCLE, all of which may be applied toward NH Ethics
Tuition
Each price provides online access for 3 months after purchase.
"I enjoyed the interplay between the lawyers in this seminar and the manner in which they used the hypothetical to teach the subject matter. They took a difficult issue, explored all sides of it and offered some very good analysis as to what approaches may be used in this type of scenario. I thought the class was very helpful" (Rockport, ME)
"This was that very rare bird, a FABULOUS CLE. Using a hypothetical is a great method for teaching, and using one that seemed to present such clear-cut, easy issues at first blush was genius. I was interested in every minute of this CLE. Very nicely done!" (Conway, NH)
"Excellent and multi-faceted analysis." (Manchester, NH)
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