University of Miami Law School University of Miami School of Law Institutional Repository Articles Faculty and Deans 2011 Taking the Business Out of Work Product Michele M. DeStefano Beardslee University of Miami School of Law,
[email protected] Follow this and additional works at: https://repository.law.miami.edu/fac_articles Part of the Civil Procedure Commons, and the Litigation Commons Recommended Citation Michele M. DeStefano Beardslee, Taking the Business Out of Work Product, 80 Fordham L. Rev. 2791 (2011). This Article is brought to you for free and open access by the Faculty and Deans at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Miami School of Law Institutional Repository. For more information, please contact
[email protected]. TAKING THE BUSINESS OUT OF WORK PRODUCT Michele DeStefano Beardslee* Over the past fifteen years, a common set of questions has surfaced in different areas of scholarship about the breadth of the corporate attorney's role: Should the corporate attorney provide business advice when providing legal advice? Should the corporate attorney provide counsel related to other disciplines such as public relations, social responsibility, morals, accounting, and/or investment banking? Should the corporate attorney prevent corporate wrongdoing? Questions like these resound in the scholarship addressing the risks and benefits of multi-disciplinary partnerships, gatekeeping, moral counseling, ancillary services, and the applicationof the attorney-clientprivilege. When looked at in combination, these segregated discussions equate to an unidentified but burgeoning debate about the proper role of the corporate attorney and whether a distinction can or should be made between doing business and practicing law.