May 15, 2017

Would You Lie If Your Boss Told You To?

Matthew Bruce

What would you do if you were hard at work in your office, your managing partner walked in and told you that opposing counsel just filed an ex-parte motion for temporary restraining order and preliminary injunction against your firm’s biggest client, and you needed to have an opposition brief prepared and ready to file first thing tomorrow morning? The caveat, however, is that your boss tells you to not only refute all the allegations but also to “be creative” and “invent” facts that would defeat the motion. When you question his instructions, he says, “Look, the facts of this case are terrible against us, but we can’t afford to lose this client. Just get us past this TRO.”

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