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As a recovering lawyer, all I will say is that, it is extremely rare for any lawyer to have the power to do anything directly themselves of their own initiative
by checkyoursudo 4y ago
As a recovering lawyer, all I will say is that, it is extremely rare for any lawyer to have the power to do anything directly themselves of their own initiative, which is even more true in business than in other areas of law (lawyers can railroad their immigration, criminal defense, family law, etc clients a bit more because these clients have even less clue what is the right thing to do).
More likely in your scenario is:
Lawyer: You must include this EULA that this person/board/committee demands, and will fire both of us if you don't, because they asked me how to cover their asses in case of XYZ.
Anyone-with-a-brain: okay.
Lawyers themselves are certainly powerful, but they only really derive power from people with real power; states, boards of directors, judges, etc.
- scrollaway 4y agoIn a room sit three great men. A CEO, a lawyer, and an investor paying for both.
- sennight 4y agoAs a person who as been described as an "activist investor" by several angry businessmen, I've never seen a shareholder or board member demand anything like that. The only thing that I can think of that would loosely fit your hypothetical scenario would involve a non-human shareholder like a hedge fund making the demand, at the behest of their lawyers. I suppose another potential loose fit would be a fresh business school grad whining about the absence of a "moat" - and this sort of thing being the best that legal could offer in response. In either case both legal and management is to blame: legal for the bad council and management for not pushing back against something so stupid.