Final answer:
An organization's lawyer must handle potential legal and ethical violations with due diligence to protect the organization, guided by legal standards and ethical duties. Landmark cases highlight the responsibilities of legal counsel in criminal defense and advisement. Penal consequences may follow for the organization if the lawyer fails to appropriately manage these issues.
Step-by-step explanation:
When an organization's lawyer discovers potential wrongdoing that could violate duties or laws, resulting in substantial injury to the organization, they face a complex legal and ethical dilemma.
The issue involves navigating the principles of legal ethical obligations, confidentiality, and the duty to prevent harm to the organization. Legal professionals must abide by a high standard of conduct, ensuring they act in the organization's best interest while adhering to the law.
For instance, the constitutional guarantees protecting public officials against defamatory falsehoods specify that only when statements are made with actual malice can they pursue damages
(e.g., knowing the statement was false or with reckless disregard for truth). Similarly, lawyers must not impair the obligation of contracts, abridge privileges or immunities, or deny due process and equal protection under the law.
The standards of professional conduct for legal counsel are illustrated in landmark cases such as Strickland v. Washington and Padilla v. Kentucky, where the importance of reasonable legal representation and accurate advisement on matters like deportation underscore the weight of lawyers' responsibilities.
Moreover, laws prevent states and Congress from passing certain prohibitive laws, and recent legislation encourages internal reporting within an organization to safeguard health and safety, indicating an evolving legal landscape that shapes organizational conduct and liability.
Failure to properly address potential violations can involve penalties for the organization, such as fines or even criminal charges. It is incumbent upon the legal professionals within an organization to act to prevent harm to the organization, even when dealing with complex issues of compliance and ethical dilemmas.