13 State Attorney Generals signed and submitted a letter to Howard Shelanski, Administrator of the Office of Information and Regulatory Affairs, earlier this month. The letter details their objections to the proposed Persuader Rule. The AGs state that the new rule would:
- “undermine [the protections of the LMRDA] by requiring the reporting of advice related to persuasion of employees, regardless of whether the lawyers who provide the advice communicate with anyone other than their clients;”
- put lawyers “in an ethical dilemma: An attorney must either risk professional disciplinary action by disclosing employer confidences or risk liability under the LMRDA by refusing to disclose employer confidences;”
- “cause particular harm to small businesses” that can’t afford in-house counsel (the proposed requirement applies specifically to outside consultants); and finally
- “have a chilling effect on attorney-client confidentiality and employers’ fundamental right to counsel.
To read the letter in full and see the list of State Attorney Generals who put their name to it, click here.
