This perspectives class examines some of the largest financial scandals of the past century to determine what lawyers did or did not do to facilitate or prevent their perpetration. The fraudulent offenders include such individuals as Charles Ponzi, Charles Keating, Ivar Krueger, and Bernard Madoff, and such corporations as Enron. Their frauds share many common elements and raise important questions about the legal profession. These topics include professional independence; obligations to monitor, disclose, warn, or notify government regulators; and the possibilities and limits of legal regulation and self-regulation by the profession. We will examine the actions of lawyers in different roles in these challenging circumstances, focusing on the tension between a lawyer’s duty of zealous representation and the lawyer’s legal and ethical obligations.
This class will meet: 9/11, 10/16, 11/13, 1/22, and 3/5 6:30-9:00pm.