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The Role Of Business Counsel As Compliance Gatekeepers: Toward Understanding And Combatting Reckless Disregard For Legal And Ethical Compliance In Business Entities, Joan Macleod Heminway
The Role Of Business Counsel As Compliance Gatekeepers: Toward Understanding And Combatting Reckless Disregard For Legal And Ethical Compliance In Business Entities, Joan Macleod Heminway
Scholarly Works
Sometimes, business entity clients and their principals do not seek, accept, or heed the advice of their lawyers. In fact, sometimes, they expressly disregard a lawyer’s instructions on how to proceed. In certain cases, the client expressly rejects the lawyer’s advice. However, some business constituents who take action contrary to the advice of legal counsel may fall out of compliance incrementally over time or signal compliance and yet (paradoxically) act in a noncompliant manner. These seemingly ineffectual varieties of the lawyer/client relationship are frustrating to the lawyer.
This short article aims to explain why representatives of business entities who consider …