Many cases in today's complex legal marketplace require lawyers to work in teams and with in-house counsel. This scenario necessarily presents situations where some lawyers on the team are supervising other attorneys or themselves being supervised. In this environment, what happens when a junior lawyer receives an instruction to engage in what he believes is unethical or illegal conduct from a supervising attorney or a valued client? Or when a partner receives instructions from a client that he believes are unethical? For example, what are the ethical ramifications when a partner tells an associate to not produce a potentially damaging document that is relevant and requested by the adversary? What happens when a criminal defense attorney knows that his client is not telling the truth? The answer, social psychologists tell us, is that subordinates are much more likely to do what they are told than we would like to believe. This unique program will present current and practical themes involved in civil and criminal litigation and corporate practice, followed by vignettes and panel discussions that illustrate and analyze common ethical dilemmas faced by attorneys. The panel will lead an interactive discussion that explores the many legal and ethical issues that arise when attorneys receive instructions or requests they believe are not ethical, and offer insights into how to deal with this problem, which ultimately has ethical and legal dimensions.
This program was recorded on May 21st, 2009.
Law Offices of Stacey Richman
Stacey G. Richman practices law at the Law Offices of Stacey Richman. Ms. Richman is a member of the New York, New Jersey and California bars she limits her practice to the defense of criminal matters. Her one exception is her passion for art as expressed through graffiti as an art form. She grew up in the world of criminal defense under the tutelage of her father ¿Don¿t Worry Murray¿ Richman. She was a participant of the Criminal Law Clinic at Cardozo School of Law directed by Barry Scheck. Ms. Richman practiced entertainment litigation in Los Angeles, California for five years. She second chaired a number of high profile cases and successfully argued before the California Court of Appeals. She returned to criminal defense where her worlds merged: ¿entertainers are often criminal, and criminals are often entertaining.¿ While featured in many articles and magazines regarding her clientele, most recently she made law after argument before the Second Circuit wherein the ¿career offender statute¿ was properly interpreted in line with the Booker/Fan Fan concepts of individuality in sentencing in accord with 18 U.S.C. 3553a. This year she has spent seven weeks in trial to acquittal for an attorney in the Eastern District of New York. An acquittal was thereafter achieved in New York Supreme Court in a gun case last month. She is presently engaging in a rape trial in New Jersey. Ms. Richman is a former board member of the New York Association of Criminal Defense Lawyers; currently she sits on the board of the New York Criminal Bar. She is active in a number of humanitarian organizations including the Peter C. Alderman Foundation, upon whose board she also sits. The Peter C. Alderman Foundation provides services to survivors of genocide and mass terror around the world. At the beginning of May she was in Serbia where she appeared on Serbia national television with regard to the U.S. system of justice. She has spoken widely on issues of criminal law.
Professor Andrew M. Perlman
Director, Institute on Law Practice Technology and Innovation
Suffolk University Law School
Professor Perlman's work focuses on professional responsibility, civil procedure, and law practice technology and innovation. He has written numerous articles on professional responsibility, and he is a co-author (since 2008) of the annually updated book, Regulation of Lawyers: Statutes and Standards (with Stephen Gillers and Roy D. Simon). He is also a co-contributor to a legal ethics blog, www.legalethicsforum.com, which has been named three times by the American Bar Association Journal as one of the top 100 law-related blogs in the country. In addition, he has co-authored a civil procedure casebook, Civil Procedure: A Coursebook (Aspen 2011), with Professors Joseph W. Glannon and Peter Raven-Hansen.
Professor Perlman served as the Chief Reporter for the ABA Commission on Ethics 20/20, which successfully proposed numerous changes to the ABA Model Rules of Professional Conduct and related policies to address advances in technology and the increasing globalization of law practice. He is also a member of the Massachusetts Supreme Judicial Court’s Standing Advisory Committee on the Rules of Professional Conduct.
Professor Perlman helped to establish - and is the Director of - Suffolk’s Institute on Law Practice Technology and Innovation, which offers programs, courses, public lectures, and other information designed to educate students, the legal profession, and the public about technology’s transformation of the practice of law and the delivery of legal services.
Prior to joining the Suffolk faculty, Professor Perlman clerked for a federal district court judge and practiced as a litigation associate with the Chicago firm of Schiff Hardin. He is an honors graduate of Yale College and Harvard Law School, and he received an LL.M from Columbia, where he was an Associate-in-Law and taught legal research and writing.
Akin Gump Strauss Hauer Feld LLP
Ackneil M. Muldrow, III is a partner at Akin Gump Strauss Hauer & Feld LLP. Mr. Muldrow concentrates his practice in the field of mergers and acquisitions. Mr. Muldrow has served as lead counsel in a wide variety of U.S. and international corporate transactions, including public and private mergers, acquisitions, divestitures and carve out transactions, control and minority investments made by private equity, hedge funds and sovereign development companies, joint ventures and strategic alliances, and restructuring transactions. Mr. Muldrow also has extensive experience in exchange offers, recapitalizations, private placements of equity and debt securities (including PIPE transactions), representing both sell side and buy side participants. Mr. Muldrow is also frequently called upon to advise senior executives and board members of private and publicly traded companies on various aspects of corporate governance, as well as on compliance with the federal securities laws. Mr. Muldrow received his A.B. in 1992 from Princeton University (Woodrow Wilson School of Public and International Affairs) and his J.D. in 1995 from the University of Virginia School of Law. He is a member of the New York State Bar. Mr. Muldrow has had several speaking engagements with The Practicing Law Institute, Private Equity International, Minority Corporate Counsel Association, firm panels for the benefit of investment professionals and the Sponsors for Educational Opportunity Program. Mr. Muldrow is member of the Corporation Law Committee of the New York City Bar. Mr. Muldrow is also a participant in the Youth About Business leadership development program.
Pillsbury Winthrop Shaw Pittman LLP
David G. Keyko is a partner at Pillsbury Winthrop Shaw Pittman LLP. Mr. Keyko's practice focuses on major, complex litigation, often involving multiple parties. He has defended clients in matters of allegations of securities or other types of fraud, antitrust violations, ethics issues, trusts and estates issues, as well as representing clients responding to government probes. Among his prominent cases are the representation of the primary claimant to a $1.5 billion estate in lawsuits filed in several jurisdictions; representing a plaintiff in a bench trial in federal court concerning a fraudulent scheme to finance the importation of coffee beans, which resulted in a $90 million judgment; and a jury trial in federal court concerning an alleged scheme to manipulate world-wide commodity prices. Mr. Keyko has lectured and written widely on securities, antitrust, legal ethics and general litigation topics. He is a former columnist for the New York Law Journal and has written several dozen articles on litigation and ethics issues for such publications as the National Law Journal, and Metropolitan Corporate Counsel, on whose advisory board Mr. Keyko served. Mr. Keyko also is the immediate past Chairman of the Professional Responsibility Committee of the Association of the Bar of the City of New York.