Page 29 - January 2020 BarJournal

CRIMINAL LAW FEATURE

cal. This is not meant to suggest that lawyers be held Constitution and American history create a pro-
to any professional standards different than the ap- nounced role for American lawyers to act on our Jonathan Leiken is Senior Vice
plicable rules of professional conduct, nor to com- democratic rules and norms and connect them to President, Chief Legal Officer &
ment on the rules of professional conduct them- the day-to-day lives of American individuals and Secretary for Diebold Nixdorf, Inc.
selves, but rather simply to reflect upon the concept institutions. This role extends to in-house lawyers (NYSE: DBD), a former federal
of lawyers as legal and ethical guides and how that working in American corporations. Over the past prosecutor in the Southern District
concept relates to lawyers within a corporation. century, many legal functions have migrated from of New York, and an Adjunct Professor of Law
As an internal employee, the in-house lawyer private practice to inside the corporation, as the with Case Western Reserve University School of
has a unique view of an organization’s processes. rise of the corporate legal department has changed Law. He has been a CMBA member since 2005.
She often has the ability to spot legal risks that the landscape of corporate America. He can be reached at (330) 490-4000 or jonathan.
outside counsel might not have the opportunity None of this means that the in-house lawyer’s leiken@dieboldnixdorf.com.
or background knowledge to identify, and which job is easy, nor that there are clear answers to the
non-lawyers would not recognize as a potential le- questions and puzzles put before the corporate Caitlin Bell is a Counsel with Jones Day
gal issue. By virtue of an in-house lawyer’s visibility attorney in her various, and sometimes even con- and an Adjunct Professor of Law with
into her client’s activities, she might identify unex- flicting, roles. In-house lawyers frequently may feel Case Western Reserve University School
pected legal risks associated with a business activ- that they live in a world of grey, where the mixture of Law. She can be reached at (216)
ity, flag these risks for the entity, and help guide of facts and rules do not present a clear roadmap 586-3939 or cbell@jonesday.com.
the organization through a process to assess and for how to advise the company. What is clear is
address the risks. that all American lawyers are connected directly
America is not unique in maintaining consti- to our constitutional democracy. Bound by their Mr. Leiken and Ms. Bell teach the course “White
tutional democracy. Many countries around the oaths and their obligations under the rules of pro- Collar Crime: Prosecution and Defense” in the
world are committed to the rule of law, and lawyers fessional conduct, in-house lawyers for American spring semester at Case Western Reserve University
are important and valued elsewhere. Yet, in many companies bring our democratic principles and School of Law. The views and opinions set forth
other democracies, in-house legal communica- norms inside the institution. With this in mind, it herein are the personal views or opinions of the
tions are not treated as privileged, even when those is not hard to see why in-house lawyers for Ameri- authors; they do not necessarily reflect views or
communications are for the purpose of seeking or can companies are sometimes referred to as the opinions of the organizations with which they
giving legal advice inside the company. The U.S. “conscience” of the organization. are associated.

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JANUARY 2020 CLEVELAND METROPOLITAN BAR JOURNAL | 29