Document Type
Article
Publication Date
2012
Abstract
Suppose you practice business law. Your client comes to you and says "We have a major deal in the works. It is aggressive and cutting edge, and we need an opinion from you saying that it is legal." Obviously, you cannot promise that. First, you need to know what the deal is. So, you examine the documents and carefully analyze the law. Unfortunately, you have only bad news to report: the deal is illegal, and there is no way to fix it. But with a little creative stretching of the law and some body English you could make a case for it that might, just might, pass the laugh test-but only barely. What do you do? Should you stretch the law and write the opinion that your client dearly wants?
Publication Citation
38 Ohio N.U. L. Rev. 1043-1055 (2012)
Scholarly Commons Citation
Luban, David, "That the Laws be Faithfully Executed: The Perils of the Government Legal Advisor" (2012). Georgetown Law Faculty Publications and Other Works. 1233.
https://scholarship.law.georgetown.edu/facpub/1233