lawrocket 3 #1 October 14, 2003 This is a dilemma for California attorneys (and probably other attorneys, as well). In implementing the Sarbanes-Oxley Act of 2002 the SEC passed a rule that allows attorneys to disclose confidential communications without the client's consent. In California, I have an ethical duty to maintain client confidences at "every peril" to myself. Actually, this duty is imposed by California statute. Good thing I don't do corporations work. But, dang, how about that for a dilemma. Either get busted by the SEC or get disbarred... I'd never tell a client confidence. I know most of you hate lawyers. I became what I despise. But sometimes our asses are stuck in the middle. Kinda like a doctor who prescribes post and having the feds go after them. My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
Gawain 0 #2 October 14, 2003 Does the SEC rule say "allow attorneys to disclose..." or does it say "require attorneys to disclose...". Hell, you're a lawyer, file a suit against the SEC. The ABA is probably beating you to the punch... I don't think decrees by a regulatory unit supercede actual statutes though, do they?So I try and I scream and I beg and I sigh Just to prove I'm alive, and it's alright 'Cause tonight there's a way I'll make light of my treacherous life Make light! Quote Share this post Link to post Share on other sites
lawrocket 3 #3 October 14, 2003 It depends. The State Bar has actually started a committee to prepare an ethical education alert. I believe the rule puts a duty on corporate counsel to adivse the SEC of irregularities. It's a backlash against the Enron/Global Crossing debacles.. ABA Model Rules allow attorneys to disclose confidences in certain circumstances. California's are far stricter. Our situation is comparable to a federal program wanting a doctor to provide information about patients with AIDS, but a state statute absolutely preventing it. We'll see how this turnss out. The SEC reg may be good under the ABA Model RUles, but not under Cal. Rules. There may be a battle coming up... My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
QuickDraw 0 #4 October 14, 2003 Just defend innocent people then... job done. -- Hope you don't die. -- I'm fucking winning Quote Share this post Link to post Share on other sites
riggerrob 644 #5 October 16, 2003 Basically, refuse to reveal any details until a judge orders you to, then it was the judge's decision. Force the decision onto someone who is higher up the food chain than you. Quote Share this post Link to post Share on other sites
