'See No Evil, Hear No Evil, Speak No Evil' - Developing a Policy for Disclosure by Counsel to Public Corporations

26 Pages Posted: 19 Nov 2009  

F. Michael Higginbotham

University of Baltimore - School of Law

Date Written: Winter 1982

Abstract

The purpose of this article is to develop policy and guidelines for counsel to observe when deciding whether and in what fashion he or she should disclose previously undisclosed information concerning an ongoing or future illegality committed by his or her corporate client. In developing these policies and guidelines, this article will discuss the current (1982) ABA policy and the relevant case law concerning corporate counsel's duty of disclosure, and proposed rules 1.13(b) and (c) of the 1980 ABA Discussion Draft and the 1981 Final Draft of Rules of Professional Conduct.

Keywords: public corporations, counsel, policies, disclosure, SEC, Securities and Exchange Commission, violations of substantive laws, illegalities

JEL Classification: K22, K29, K49

Suggested Citation

Higginbotham, F. Michael, 'See No Evil, Hear No Evil, Speak No Evil' - Developing a Policy for Disclosure by Counsel to Public Corporations (Winter 1982). Journal of Corporation Law, Vol. 7, No. 2, 1982. Available at SSRN: https://ssrn.com/abstract=1508523 or http://dx.doi.org/10.2139/ssrn.1508523

F. Michael Higginbotham (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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