Do Strict Outside Counsel Guidelines Hurt The Profession?

Law360 (April 20, 2020, 7:39 PM EDT) -- An American Bar Association presentation on Monday offered two opposing perspectives on a debate that's raging over whether outside counsel guidelines place too many restrictions on attorneys, with one speaker saying a "total disparity of bargaining power" has led to "frighteningly" onerous provisions.

Clyde & Co. LLP of counsel Anthony Davis highlighted instances in which he believes outside counsel guidelines, which corporate legal departments often require their law firms to agree to before beginning representation, go "too far" by restricting the outside attorneys when it comes to conflicts of interest and confidentiality beyond what the rules of professional conduct prohibit....

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