Lawyer's Duty to the Legal System and to a Client: Drawing the Line
The name "Kaye Scholer" now has the power to evoke strong and diverse responses. Some argue passionately that the Office of Thrift Supervision (OTS) was quite properly discharging its responsibility to rectify wrongs in the savings and loan industry. Others argue just as passionately that Kaye Scholer lawyers were merely representing clients and acting in the highest tradition of the legal profession. The events of the Kaye Scholer case include not only facts and occurrences, but the interpretation of the meanings and consequences of these facts and occurrences. Both the facts and their meanings have been, and continue to be, extraordinarily controversial. Nonetheless, enough time has passed, and enough has been written, to allow for some perspective to develop. The development of that perspective requires a brief synopsis of the major facts and a review of the primary responses.