Watergate III | Professional Education Group

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Watergate III
Breaking Rank

Reporting Out Under Model Rule 1.13

John Dean & James Robenalt

Watergate III takes the story to its next step. As lawyer for the organization, what are the duties and obligations if a report up to the highest authority within an organization has failed and crime or fraud continue? Rule 1.13 of the Code of Professional Conduct (the “Model Rules”) provides that the lawyer may “report out” what the lawyer knows, regardless of the duty of confidentiality imposed by Rule 1.6.

And the lawyer’s duties become even more complicated if the lawyer has participated, knowingly or not, in the wrongdoing that gives rise to the reporting obligation. How then does the lawyer extricate himself or herself? When is resignation enough? When does a lawyer need to engage in a “noisy” withdrawal?

In Watergate III, the story picks up after Dean’s March 21, 1973 warning and moves the story through its dramatic twists and turns, as Dean hires a lawyer, meets with prosecutors and eventually Senate investigators, and ultimately breaks with the president.

He then becomes the target of the administration and somehow navigates through treacherous waters to safe harbor, ending the cover-up.

The seminar uses White House Tapes and relies on the encyclopedic work done by Dean in his most recent, best-selling book, The Nixon Defense, What He Knew and When He Knew It. The seminar is a must for those interested in crisis management and high stakes negotiation.

 

3 Hours

 

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