ACC Urges US Department of Labor to Rescind Rule that Limits Companies’ Ability to Seek Legal Counsel

WASHINGTON (August 15, 2017) – The Association of Corporate Counsel (ACC), a global legal association representing more than 40,000 in-house counsel in 85 countries, recently filed a letter with the U.S. Department of Labor (DOL) stating support for a DOL proposal to rescind a labor-management rule that ACC argues impairs organizations' ability to seek legal counsel and violates attorneys' ethical duty of confidentiality.

With its Employment and Labor Law Committee, ACC recommended that the DOL return to the interpretation of the Labor-Management Reporting and Disclosure Act (LMRDA) used prior to March 2016. The current interpretation requires that attorneys publicly disclose client identities, types of legal services provided, and amounts paid for legal services – all of which violate attorneys' ethical duty to uphold confidentiality.

According to the ACC letter, the current interpretation of the LMRDA interferes with the constitutionally protected right of "our members and the organizations they work for … to retain and consult with counsel in the course of conducting their business."

In addition to advocating that the DOL "protect the sanctity of the attorney-client relationship in our legal system," ACC urges careful consideration of attorneys' unique ethical obligations for future DOL rule making.

About ACC: The Association of Corporate Counsel (ACC) is a global legal association that promotes the common professional and business interests of in-house counsel who work for corporations, associations and other organizations through information, education, networking, and advocacy. With more than 42,000 members in 85 countries employed by over 10,000 organizations, ACC connects its members to the people and resources necessary for both personal and professional growth. By in-house counsel, for in-house counsel.^® For more information, visit www.acc.com and follow ACC on Twitter: @ACCinhouse.