In many lawyer-client relationships, the client asks that the advice rendered be formalized in an opinion letter. Typically, the goal of the opinion letter is unambiguous: If the conduct opined on is controversial and maybe even subject later to investigation, the client can trot out the opinion letter and claim “reliance on counsel.” This may be a defense for the client, but what of the lawyer?
Put to the test, what of the Justice Department lawyers who were informed that the president (or, more likely, his vice president) had decided the best way to protect the nation from Al Qaeda was to use “extreme” interrogation methods on terrorist detainees?
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