Telling a member of the board that their holiday plans may need to be modified in order to attend a trial is somewhat akin to the lion tamer’s trick of putting his head in an open mouth. This is one of the more sensitive tasks an in-house litigator must face. Either they withdraw with their head intact, or they get a little more than just their ear chewed off.
At the very least, in-house litigators must be able to advise the court of the reasons for the non-availability of a board member in a trial as early as possible.
