As GM continues to reel under the fallout over whether it hid or downplayed the seriousness of the problem with the ignition switches on some of its vehicles which had led to injury or death in some cases, attention is turning to its lawyers. After an investigation, a number of engineers, executives and legal professionals were fired. In some media, lawyers who were defending lawsuits involving the vehicles are being criticized for not revealing knowledge of the problem. Now that some of them may have been repaid for this effort be being thrown under the bus, it will be interesting to hear what comes out.
This evinces a tension that always exists for lawyers when they learn of a client’s possible misconduct and find themselves torn between revealing the problem, possibly saving lives or hiding it and preventing their client from being exposed to huge damage claims all while wondering what may either promote or end a legal career. Among those who teach legal ethics, this is known as the “flaming pajamas” problem, from a hypothetical where lawyers representing a clothing manufacturer allegedly suppress information concerning the propensity of their client’s product to expose unwitting children to serious harm. We are schooled to hold client information confidential, but are also warned that there may be a point when moral or public-interest issues overwhelm such a duty.
