Legal Ethics -- Advising Clients on Novel Legal Issues: Lessons from the DOJ Interrogation Memos

Washington, D.C., partner, Jesse Witten, spoke at the 2010 American Health Lawyers Association Fraud and Compliance forum, co-sponsored by the Health Care Compliance Association. Jesse, a partner in the firm's Commercial Litigation Practice Group, discussed "Legal Ethics -- Advising Clients on Novel Legal Issues: Lessons from the DOJ Interrogation Memos." He discussed the ethical issues that arise when advising clients on novel legal issues, using as an example the recent internal DOJ investigation of DOJ legal advice to the CIA concerning interrogation of detainee terrorist suspects. The presentation explored what the model rule duty to "exercise independent professional judgment and render candid advice" requires of a lawyer advising a client in unsettled areas of the law.