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Judgment & ambiguity · When to escalate

A client instructs you to take a position in a filing that you believe is defensible but skates close to a misrepresentation, and they're adamant it's the only acceptable answer. At what point does this stop being your call, and what do you do?

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It stops being solely my call the moment the position risks crossing from aggressive advocacy into a false statement to a tribunal or regulator — that duty isn't waivable by a client's insistence.…

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