Thursday, November 2, 2006
by Mike Frisch
The recent scrutiny arising from criminal charges in the Hewlett-Packard pretexting affair has focused attention on the use of misrepresentations in aid of an investigation conducted by a lawyer or under a lawyer's supervision. The potential defense of reliance on the expertise of others (lawyers and the investigators) that was recently rejected in the Massachusetts law clerk sting bar discipline case may be offered by the defendants in the HP case. An excellent analysis of the issue appears in the October 18 edition of the Lawyers Manual of Professional Conduct authored by Joan C. Rogers. Rogers surveys cases and law review articles on the subject and discusses the pertinent Model Rules.