About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

62 Bus. Law. [i] (2006-2007)

handle is hein.journals/busl62 and id is 1 raw text is: Contents ARTICLES The Tensions, Stresses, and Professional Responsibilities of the Lawyer for the Corporation E. Norman Veasey and Christine T Di Guglielmo The lawyer for the corporation-whether general counsel, subordinate in-house counsel, or outside counsel-faces tensions, stresses, and pro- fessional responsibilities that often differ from those of lawyers who rep- resent individuals. The primary reality that must be faced is that this lawyer's client is-or should be-only the corporate entity This article is an attempt to highlight some of the issues that corporate counsel, directors, and managers should seek to recognize and under- stand. The various challenges faced by both in-house and outside lawyers representing corporations include the maintenance of professional in- dependence, dealing with up-the-ladder reporting obligations, seeking to serve the client's best interests through persuasive counseling, the separation of legal and business advice, and dealing with internal inves- tigations, to name a few. Moreover, in the case of general counsel, special tensions arise because he or she has only one client (the general counsel's employer) and an- swers both to the CEO and to the board of directors. When these two bosses have potential differences or conflicts, the tensions placed on the general counsel may be palpable and difficult to manage consistently with the lawyer's ethical duties, advancement of corporate interests, and job security Most general counsel are up to the task and do not take the difficulties of their challenges for granted. It is also important, in our view, that directors understand corporate counsel's roles and challenges, as well as the value that counsel brings to the board's responsibilities. We attempt to address questions of how to establish and fulfill coun- sel's obligation to be independent, when to advise the corporate actors to seek outside counsel, when to go up the ladder and to summon up the courage to do the right thing. Although we have tried to survey as much of the practical learning and the literature as is reasonable for an article, we believe we have only scratched the surface. 37 Calling All Deal Lawyers-Try Your Hand at Resolving Disputes James C. Freund This article is intended as a wake-up call to deal lawyers, inside corporate counsel, and others who negotiate agreements in the commercial world-urging them to become more involved in resolving business dis- putes by negotiation and, where appropriate, through mediation. The author makes the case that deal lawyers-who too often defer to litigators to handle these matters-ought to apply their problem-solving skills, ability to strike advantageous compromises of tough transactional issues, and negotiating prowess to the resolution of disputes. The article in-

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most