Advice To Counsel On 'Advice-Of-Counsel'

Law360, New York (September 20, 2010, 2:52 PM EDT) -- As the criminal trial of former Illinois Governor Rod Blagojevich illustrates, blaming lawyers for one's own alleged misdeeds never goes out of fashion. Throughout the trial, Blagojevich's trial counsel seized opportunities to show the jury that their client participated in alleged corrupt acts not alone, but in the midst of Governor's Office staff members who were lawyers and did not openly protest, much less try to prevent, those acts.

In short, Blagojevich, himself a former prosecutor, pursued a blame-the-lawyers strategy, commonly referred to as an advice-of-counsel...
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