A lawyer is engaged by a technology company to conduct an independent review of its internal cybersecurity protocols and data handling practices, following a minor data breach. The company intends to use the lawyer's report to demonstrate due diligence to potential investors and to reassure customers. The lawyer identifies several significant vulnerabilities that, if exploited, could lead to a catastrophic breach. The company's CEO, upon reviewing a draft, pressures the lawyer to soften the language regarding these vulnerabilities, arguing it could harm investor confidence and customer perception. What is the lawyer's ethical duty in finalizing the report?
- ARefuse to soften the language and ensure the report accurately reflects the findings.
- BWithdraw from the engagement, as the client is attempting to influence the findings.
- CAccede to the CEO's request to soften the language to protect investor confidence.
- DSoften the language but include a confidential addendum to the board with the original, stronger findings.
Show answer & explanationAnswer & explanation
Correct answer: A. Refuse to soften the language and ensure the report accurately reflects the findings.
As an evaluator, the lawyer must exercise independent professional judgment and ensure the report is accurate and not materially misleading. Acceding to the CEO's request to soften language about significant vulnerabilities would compromise the integrity of the evaluation and potentially mislead third parties (investors, customers), violating the lawyer's ethical duties.
Why the other options are wrong
- B. Withdrawal might be an option if the client insists on a misleading report, but the primary duty is to refuse to compromise the report's integrity first.
- C. Compromising the accuracy of the report to protect client image at the expense of objectivity is unethical for an evaluator.
- D. A confidential addendum to the board does not resolve the issue of the main report being misleading to its intended external audience (investors, customers).
Evaluator: Objectivity & Accuracy
A lawyer acting as an evaluator must provide an objective, candid, and accurate assessment of a client's affairs for a third party, and must not permit client pressure to compromise the integrity of the report.
- Independent professional judgment is paramount.
- Report must not be materially misleading.
- Duty to third parties who will rely on the report.
Memory trick: Truth's clear mirror, strong and bright, no client pressure, dimming light.