Buyer Beware: Former Foley & Lardner Partner Arrest Reveals Lateral Hiring Risks
Did that firm, or the federal government, have a duty to warn Bradley about an investigation?
May 12, 2017 at 07:40 PM
5 minute read
Insider trading charges and an arrest on Thursday of lawyer Walter “Chet” Little set off a quick dismissal from his most recent law firm, Bradley Arant Boult Cummings. But Little's alleged misconduct relates back to his days at Foley & Lardner. Did that firm, or the federal government, have a duty to warn Bradley Arant about an investigation before it hired Little?
In short, the answer is no, according to lawyers versed in professional liability and legal ethics issues. They said the burden fell on Bradley Arant, as the firm that hired Little in July 2016, to fully vet him.
“No ethics rules required disclosure, so long as Foley did not misrepresent the reason for the departure,” said Stephen Gillers, a professor at New York University Law School who teaches professional responsibility courses. “A new firm, simply for self-protection, should investigate any lawyer it hires, whether a lateral or entry level lawyer.”
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