Balancing Conscience and Confidentiality for Attorney Whistleblowers

Attorneys-in-house and outside counsel alike-often stand at the crossroads of corporate misconduct

Attorneys-in-house and outside counsel alike-often stand at the crossroads of corporate misconduct. At one time, attorneys' duty to maintain corporate clients' confidences was thought to be virtually absolute. But that changed over time, as relevant rules and laws gave lawyers greater discretion to make public disclosures to avert clients' anticipated or ongoing wrongdoing. And now, following the enactment of the whistleblower provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, attorneys will sometimes have not only discretion but a financial incentive to blow the whistle, as well as employment protections. 

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