[textbook]Traversing the Ethical Minefield Problems, Law, and Professional Responsibility by Susan R. Martyn (z-lib.org)(1) (1)

participating in a numbers racket by agreeing in advance to regularly represent the organized criminals and their
henchmen).
29. E.g., United States v. Benjamin, 328 F.2d 854 (2d Cir. 1964) (criminal prosecution of lawyers and accountants
for aiding clients in mail and securities fraud).
30. See Jeffrey J. Rachlinski, A Positive Psychological Theory of Judging in Hindsight, 65 U. Chi. L. Rev. 571 (1998).
31. See, e.g., FDIC v. O’Melveny & Myers, 969 F.2d 744 (9th Cir. 1992), rev’d and remanded on other grounds, 512
U.S. 79 (1994), reaff’d on remand, 61 F.3d 17 (9th Cir. 1995) (receiver of a failed financial institution stated a cause of
action against the institution’s lawyer assigned to the receiver by investors for not questioning auditors and a law firm
that resigned just before the firm assisted the client in a private real estate syndication).
32. MR 4.1, Comment [3].
33. MR 1.2, Comment [10].
34. MR 1.2, Comment [10]; 4.1, Comment [3]. The language and option of a noisy withdrawal originated in an
initial 1981 compromise, which placed the option in MR 1.6, Comment [15].
35. MR 1.13. The Sarbanes-Oxley Act, 15 U.S.C. § 7245 (2012); 17 C.F.R. §§ 205.1-205.7 (2007) further
regulates public corporations.
1. Lincoln Savings & Loan Assn. v. Wall, 743 F. Supp. 901, 919-920 (D.D.C. 1990).
2. See David Luban, Making Sense of Moral Meltdowns, in Susan D. Carle, ed., Lawyers’ Ethics and the Pursuit of
Social Justice: A Critical Reader 355 (NYU Press 2005).
3. MR 1.2(a); RLGL § 22.
4. MR 1.2(d); RLGL § 23.
5. Fred C. Zacharias, Practice, Theory, and the War on Terror, 59 Emory L.J. 333 (2009).
6. In the Lincoln Savings and Loan matter, the Jones Day law firm eventually settled the public and private claims
against it for $75 million. Henry J. Reske, Firm Agrees to Record S & L Settlement: Shifting Standards Require Lawyers to
Disclose More to Regulatory Agencies, 79 ABA J. 16 (July 1993). The law firm of Kaye, Scholer, Fierman, Hays &
Handler represented Lincoln on regulatory matters after Jones Day finally withdrew. It also settled with both private
investors ($21 million) and the government ($41 million). Stephen Labaton, Law Firm Will Pay a $41 Million Fine in
Savings Lawsuit, N.Y. Times, Mar. 9, 1992, at A1.
7. See Elizabeth Chamblis, Whose Ethics? in Leslie C. Levin & Lynn Mather, eds., Lawyers in Practice: Ethical
Decisionmaking in Context 47 (U. Chicago Press 2012). This is a large part of the explanation given by Prof. Regan for
the conviction of John Gellene of Milbank Tweed, who committed bankruptcy fraud while representing a large and
lucrative client. See Milton Regan, Jr., Eat What You Kill: The Fall of a Wall Street Lawyer (U. Mich. Press 2004).
8. Several prominent public figures also admired Charles Keating, Lincoln’s CEO, for his entrepreneurial abilities.
The “Keating Five” was the derogatory moniker placed on five U.S. senators (Alan Cranston, Dennis DeConcini, John
Glenn, Donald Riegle, and John McCain) whose careers were nearly ruined by their close association to Keating. See
Richard L. Berke, Cranston Rebuked by Ethics Panel, N.Y. Times, Nov. 20, 1991, at A1.
9. This is the way Judge Noonan describes the transformation of another influential lawyer, Hoyt Moore, whose
representation of Bethlehem Steel led him to bribe a federal judge to secure his client’s goals. John T. Noonan, Jr., The
Lawyer Who Overidentifies With His Client, 76 Notre Dame L. Rev. 827, 840-841 (2001).
10. See, e.g., Stephen L. Pepper, Counseling at the Limits of the Law: An Exercise in the Jurisprudence and Ethics of
Lawyering, 104 Yale L.J. 1545 (1995).
11. See Verna E. Monson & Neil W. Hamilton, Ethical (Trans)formation: Early Career Lawyers Make Sense of
Professionalism, 8 U. St. Thomas L.J. 129 (2011); Milton C. Regan, Jr., Moral Intuitions and Organizational Culture, 51
St. Louis U. L.J. 941 (2007).
12. See Patrick Schmidt, The Ethical Lives of Securities Lawyers, in Levin, supra note 7, at 221.
13. See, e.g., International Bar Association, American Bar Association and Council of Bars and Law Societies of
Europe, A Lawyer’s Guide to Detecting and Preventing Money Laundering, available at:
https://www.americanbar.org/content/dam/aba/uncategorized/GAO/2014oct_abaguide_preventingmoneylaundering.authcheckdam.pdf
(last visited August 26, 2017).
14. Professor Luban suggests you create your own, such as “I will never backdate a document,” “paper a deal I don’t
understand,” or “do something I cannot explain to my (grandmother, father, or significant other).” He also
recommends noticing when you begin to blame others for your conduct, and suggests that self-doubt, rather than
hubris, best approximates a lawyer’s best chance to recognize a limit on his or her client’s or the lawyer’s behavior.
Luban, supra note 2, at 369.
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