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Full-Text Articles in Law
Counseling Organizational Clients"Within The Bounds Of The Law", Roger C. Cramton
Counseling Organizational Clients"Within The Bounds Of The Law", Roger C. Cramton
Hofstra Law Review
No abstract provided.
The Corporate Lawyer And 'The Perjury Trilemma', Thomas D. Morgan
The Corporate Lawyer And 'The Perjury Trilemma', Thomas D. Morgan
Hofstra Law Review
This paper extends Monroe Freedman's idea of the criminal lawyer's "perjury trilemma" to current issues faced by corporate lawyers dealing with perceived pressures on the attorney-client privilege. The duties of criminal defense and corporate lawyers are more similar than they often seem. Corporate lawyers' duties of honesty in dealing with third parties are closely analogous to criminal lawyers' duties of honesty in dealing with a court. Both sets of lawyers also have an important interest in fostering open communications with their clients. Where their situations differ is not with respect to lawyer obligations but with respect to their clients' rights. …
Reconsidering The Corporate Attorney-Client Privilege: A Response To The Compelled-Voluntary Waiver Paradox, Lonnie T. Brown Jr.
Reconsidering The Corporate Attorney-Client Privilege: A Response To The Compelled-Voluntary Waiver Paradox, Lonnie T. Brown Jr.
Hofstra Law Review
Many within the legal profession are presently of the opinion that the protection traditionally accorded by the corporate attorney-client privilege is being seriously eroded, if not completely destroyed. This sentiment has largely been inspired by the perceived effect of government use of what I refer to as "compelled-voluntary" waiver in the context of investigations into corporate wrongdoing. Various governmental bodies employ this waiver device, but the United States Department of Justice ("DOJ") is perhaps the best known and certainly the most vilified.
The DOJ guidelines for prosecuting corporations, embodied first in the so-called "Holder Memorandum" and now in the "Thompson …