Do Strict Outside Counsel Guidelines Hurt The Profession?

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Law360 highlighted an American Bar Association presentation that featured Professor Bruce Green as a speaker. The presentation focused on whether or not outside counsel guidelines place too many restrictions on attorneys.

An American Bar Association presentation on Monday offered two opposing perspectives on a debate that’s raging over whether outside counsel guidelines place too many restrictions on attorneys, with one speaker saying a “total disparity of bargaining power” has led to “frighteningly” onerous provisions.

Davis, a professional responsibility lawyer who advises other attorneys and law firms on their ethical obligations, spoke during the ABA presentation Monday titled “Are Outside Counsel Guidelines a Threat to the Practice?” alongside Bruce Green, director of the Stein Center for Law and Ethics at the Fordham University School of Law.

Green took a less alarmed view on the matter than Davis. He said that while he believes law firms should not agree to some of the most outrageous provisions, it is something that should and can be negotiated between the client and outside counsel on an individual basis without the need for an ethics rule.

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