An attorney is employed as in-house counsel for a chemical company. The pollution emitted by the company’s factory is regulated by the Environmental Protection Agency under the Clean Air Act. As requested by the Board and president, the attorney is conducting an investigation and interviewing senior-level employees. During one interview, the attorney learns that the chief engineer intends to destroy a box of records showing that one smoke stack has been exceeding the permitted pollution levels for over a year. Under EPA regulations, the company is required to keep the records for ten years and steep fines are imposed for failure to keep the records. Under the Model Rules of Professional Conduct, the attorney must do which of the following?
Explanation
Answer: B - Act as reasonably necessary in the best interests of the corporation. “If a lawyer for an organization knows that an officer, employee, or other person associated with the organization . . . intends to act [in a manner in] violation of a legal obligation to the organization . . . and that is likely to result in substantial injury to the organization, then the lawyer shall proceed as is reasonably necessary in the best interest of the organization.” Model Rule 1.13(b). Answer B is the best choice because it follows the language of the Model Rule. Answers A, C, and D do not state required actions under the Model Rules.
