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September 20, 2006

"I shouldn't have asked..."

A Hewlett-Packard lawyer asked whether the company's investigation of it own board was on the up and up and was told -- "It is on the edge."  (See Damon Darlin & Matt Richtel, "Some at HP Knew Early of Tactics," NYT today).  His response, "I shouldn't have asked."  I assume he asked for no further details.  The lesson, apparently, is that by asking, the lawyer may have lost his ability for a "plausible denial" of knowledge of the illegal techniques used in the investigation.  He still can argue that he thought "on the edge" meant legal, I suppose, but the plausibility of his denial is now suspect.  He knew that he put a plausible denial a risk.     

He needed better training in the use of the technique, I guess.  I need to suggest to the Dean that we teach a course in the techniques of "plausible denial" for our law students; the skill seems to be very important nowadays.   Get just enough facts to offer a valid legal opinion (or other advise or services) with qualifiers and disclaimers, charge a nice fee, avoid investigating any red flags and put aside any suspicions, and then tell everyone after a scheme blows up that you were hook winked too and assumed that the limited facts as given in your opinion were the entire story.  Yup, that's the ticket. 

September 20, 2006 in Lawyers | Permalink

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Comments

If you know that you shouldn't have asked, then you probably know the answer to the question that you shouldn't have asked.

Posted by: Michael Webster | Sep 25, 2006 11:35:43 AM

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