Carliss Chatman on Attorney Whistleblowers
In this episode, Carliss Chatman, Assistant Professor of Law at Washington & Lee University School of Law, discusses her article, "Myth of the Attorney Whistleblower," which will be published in the SMU Law Review. Chatman begins by explaining the duty of confidentiality and the attorney-client privilege, and how those apply to attorneys representing organizations rather than individuals. She describes the Enron fraud and bankruptcy, reflects on the role of attorneys in that controversy, and describes how Congress tried to create attorney reporting requirements in order to prevent future frauds in Sarbanes-Oxley. She observes that the reforms didn't work, and points to their failure in the Theranos and Tesla scandals. And she reflects on whether any regulation can help. Chatman is on Twitter at @carlissc.