General Counsels Targeted

According to Reid Weingarten and Brian Heberlig, general counsel are being "targeted for prosecution around the country." Their article, "Representing the General Counsel," published in the Summer 2004 Litigation Magazine, addresses some of the legal issues the defense lawyer representing the general counsel in a criminal case must be prepared to face.

The issues include attorney-client privilege, the erosion of which has had "serious negative consequences for general counsel"; ethics considerations; waivers and self-defense exceptions; obstruction of justice charges; and the possibility that a jury will seek to hold a general counsel to a higher standard.

In summary, "with greater numbers of general counsel facing indictments, defense attorneys must prepare themselves to defend the very individuals from whom they used to seek business when a corporate scandal broke. The key to successfully representing the general counsel is reaping the benefits of having a star lawyer as a client while keeping the playing field from being tilted against the general counsel in the courtroom—always keeping an eye on the impact of the corporate attorney-client privilege on the case."

The attorneys currently represent several current and former general counsel of public companies in criminal cases, including recently acquitted Mark Belnick of Tyco International.