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Noisy withdrawal

noisy withdrawal n.

The public withdrawal of legal representation in which the departing
lawyer, having knowledge of the client's existing or potential
improprieties, disavows work done for the client and notifies the
proper authorites of the withdrawal.
--noisily withdraw v.

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Example Citations
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Over objections from much of the legal profession, the SEC is
preparing to approve a new rule this spring requiring attorneys like
Emerson to blow the whistle when confronted with wrongdoing, sources
close to the commission say.

The two-part rule, likely to be adopted as soon as March or April,
would put the burden on corporate directors to disclose to the SEC
when a lawyer withdraws because of illicit activity. If the board
fails to act, the lawyer would be required to step away from the
client and report the wrongdoing--a measure known as a "noisy
withdrawal."
--Greg Burns, "Rule is readied on duties of lawyer," Chicago Tribune,
February 1, 2004



SEC regulations have now introduced a couple of new phrases into the
US legal lexicon such as "up-the-ladder" reporting -- where lawyers
are required to bypass general counsel if there is no appropriate
response to concerns and report directly to the audit committee or
the board -- and "noisy withdrawal" -- where lawyers are required if
necessary to resign with notice to the SEC where there has been a
serious breach of securities law.
--Jon Robins, "Let me in, I'm a lawyer," The Independent (London,
England), May 10, 2004

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Earliest Citation
---------------------------------
Permissible whistle-blowing on client fraud was abandoned in favor of
noisy withdrawal from the representation; lawyers who do so may
notify others only of the fact they are dropping a client or
withdrawing an opinion.
--Mary Morgan Stuart, "Ethical Dilemma? Dial H-A-Z-A-R-D," The
American Lawyer, March, 1987

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On the Web
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http://www.wordspy.com/words/noisywithdrawal.asp

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See Also
---------------------------------
ethics deficit:
http://www.wordspy.com/words/ethicsdeficit.asp

Fifth Amendment capitalist:
http://www.wordspy.com/words/FifthAmendmentcapitalist.asp

jury nullification:
http://www.wordspy.com/words/jurynullification.asp

testilying:
http://www.wordspy.com/words/testilying.asp

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Subject Categories
---------------------------------
The World - Crime:
http://www.wordspy.com/index/TheWorld-Crime.asp

The World - Law and Order:
http://www.wordspy.com/index/TheWorld-LawandOrder.asp

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Words About Words
---------------------------------
I know you lawyers can, with ease,
Twist words and meanings as you please;
That language, by your skill made pliant,
Will bend to favor ev'ry client.
--John Gay, English poet and dramatist, _Fables_, 1729

---------------------------------
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Copyright (c) 2004 Paul McFedries and Logophilia Limited
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