CIA, DoJ, and a question on legalese
What's it called when a lawyer's client tells the lawyer exactly what he/she wants as a result of the lawyer's 'opinion'?
This is exactly what happened with Yoo and Bybee with the 'client' being Addington representing Cheney and, by extension Bush.
In reading today's NY Times Business section article about how Bank of America claims it 'relied' on outside lawyers to determine the legality of keeping Merrill Lynch bonus information secret from B of A shareholders I was struck by the similarity.
There must be a cute word for this in the legal world. Does anybody know what it is?
This is exactly what happened with Yoo and Bybee with the 'client' being Addington representing Cheney and, by extension Bush.
In reading today's NY Times Business section article about how Bank of America claims it 'relied' on outside lawyers to determine the legality of keeping Merrill Lynch bonus information secret from B of A shareholders I was struck by the similarity.
There must be a cute word for this in the legal world. Does anybody know what it is?
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You can rely on a lawyer's advice all you want, but it won't get you out of trouble.
I'm always telling my client not to do stuff and, when they do it anyway, saying "I told you so". The courts don't let you off just because your lawyer gave you bad advice,except in criminal contexts, like the case where the court-appointed lawyer slept through his client's death-penalty trial.
If the lawyer gives truly skanky advice (see, for instance, Bush's White House counsel) she may be subject to professional sanctions or a juicy malpractice suit. She could also be investigated criminally, but you'd have to show an intent to tell the client to break the law, as opposed to mere incompetence (it's sometimes hard to tell with Alberto G.).
August 25, 2009 9:10 PM | Reply | Permalink
Thanks eliyah! No, I'm sure the my-lawyer-told-me-it-was-ok defense won't fly but what about when the lawyers put that advice in writing?
Anyway, don't lawyers have a cute name for clients who are fishing for a pre-determined outcome (besides 'client' that is)?
Thanks,
August 26, 2009 3:50 PM | Reply | Permalink