On the one hand, I’m a big fan of whistle-blowing protections that would allow in-house counsel to spill the beans when their clients are planning to take illegal or morally ambivalent actions. On the other hand, getting only a 60-day suspension for leaking confidential documents to the press seems like a light smack on the knuckles.
So… I guess I like the decision of the D.C. Court of Appeals here. From the National Law Journal:
The court suspended Adriana Koeck following a report and recommendation from the D.C. Bar’s disciplinary panel, the Board on Professional Responsibility, last August. Koeck disclosed confidential GE documents to media outlets and federal regulators that she believed showed evidence of fraud, according to the board. The court’s order said Koeck did not provide any defense of her disclosure.
“Moreover, the board’s recommended sanction—a 60-day suspension with a fitness requirement—is reasonable in light of the facts supporting this single violation of Rule 1.6 (a),” the court’s order said.
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General Electric sued Koeck, but they settled in 2009. She is now a lecturer at Loyola Marymount University.
Which sounds like it’s for the best. Not everybody is cut out to be corporate counsel.
Former GE In-House Lawyer Gets 60-Day Suspension in Ethics Case [National Law Journal]
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Elie Mystal is the Executive Editor of Above the Law and the Legal Editor for More Perfect. He can be reached @ElieNYC on Twitter, or at [email protected]. He will resist.