Attorneys speak on roles/responsibilities of in-house counsel during corporate scandal.

• Author: Zemlicka, Jack

Byline: Jack Zemlicka

A CEO is implicated in a kickback scandal and the company's corporate counsel has some options to consider. One of them is not to "stick you head in the sand," according to attorney Charles E. Reis of Brown & James, P.C., in St. Louis. Reis and fellow attorneys Gail Perry of Baylor, Evnen, Curtiss, Grimit & Witt, LLP in Lincoln, Neb.; Harvey J. Cohen of Dinsmore & Shohl, LLP in Cincinnati; and Bruce J. Lindl, general counsel for Regal Ware Worldwide in Kewaskum spoke on the roles and responsibilities of in-house counsel when dealing with such a crisis. The session wrapped up the ALFA Midwest Regional Seminar on Sept. 7. ALFA is an international network of independent law firms that was founded in l980. Working through a role-playing scenario where the head of a company is caught in a scandal, the panel outlined several tips for general counsel to help manage the situation from start to finish. "I think one of the big things to remember is that you work for the company and not necessarily the boss," said Lindl. "Your primary responsibility lies with the best interests of the business." Because of that fact, the panel suggested that in a delicate situation where in-house counsel may have a friendly relationship with the CEO, such as in small business, the best recommendation is for the boss to seek private representation. "A mistake would be not telling that CEO that, 'Hey, I'm in a tough spot too and you need to think about outside counsel,'" said Cohen. The same is true of the company that may seek an outside firm for a more objective approach in handling the situation...