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In-House Counsel and Wrongful Discharge: A Conflict with Confidentiality
| Instructor(s): |
David Hricik, Esq. David Hricik
Professor of Law, Mercer University
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| Cost: |
$60.00
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| Course Media Type: |
Rich Media - Audio |
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| Course accreditations: |
| State |
Total Credits |
Ethics |
Other Credit Types |
Expires |
| Hawaii | 1.5 | 0 | N/A | N/A |
| Other States:
AK, AZ, CA, CO, CT, DC, HI, MD, MA, MI, MO, MT, NJ, NY, ND, SD, WV
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In-house counsel face a myriad of particular concerns that other attorneys often do not face. What happens if your employer and therefore sole client encourages you to violate your Rules of Professional Conduct or asks you to knowingly break the law? Can you then file a wrongful discharge claim against them? What can you reveal in court without violating the attorney-client privilege rules? Professor Hricik answers these and many other questions in this class. He goes through the nuances in most of the states that have broached this topic. If you are in-house counsel, this course is a must.
Course Table of Contents
I. Forward
II. Wrongful Discharge of House Counsel: A Wrong
Without a Remedy?
A. Background: Framing the Issue
1. The Basic Ethical Duties of In-House Lawyers
2. Basic Employment Law Concepts
3. Sarbanes-Oxley Added to the Mix
4. The Perceived Tension
B. Cases Denying or Severely Limiting
Wrongful Discharge Claims Because of the Impact of the Duty of
Confidentiality
1. Illinois
2. New York
3. Texas (Federal Court)
C. Courts Holding that the Ethics Rules
Do Not Preclude The Cause of Action
1. California
2. Massachusetts
3. Minnesota
4. Montana
5. New York - State Bar Opinion
6. North Carolina
7. Oregon
8. Tennessee
9. Texas State Court
10. Utah
D. Observations and Conclusions
E. Unsettled Issues for the Future
III. Conclusion
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