Anthony Davis Speaks to The American Lawyer About the Growing Problem of "Objectively Outrageous" Outside Counsel Guidelines
In The News | 1 min read
May 18, 2018
Hinshaw partner Anthony Davis spoke to Miriam Rozen of The American Lawyer for her story about the growing problem of outside counsel guidelines which make demands that are "so extreme that they are or ought to be unpalatable."
Davis notes that some of the demands clients are making of their outside counsel are so over-broad that they are "objectively outrageous." Among the issues he cites: some guidelines broaden the definition of what constitutes a client to include all of a company's affiliates or "everything we own." Some insist, "if you represent us, you may not represent any of our competitors." Some seek to prevent firms from taking opposing positions on issues in ways that could force the firms to violate their own ethical and fiduciary obligations to other clients in unrelated matters.
"The relationship of law firms and their clients is unstable. Where once it was a seller's market, today the leverage is entirely on the client side," Davis said. The result, he suggested, is a threat to a core value of the legal profession—namely, lawyers' independence.
Read "Some Lawyers Chafe as Clients Expand Outside Counsel Guidelines" (subscription required)
The story references a paper that Davis and Noah Fiedler presented in 2017 that proposed changing Rule 5.6 to explicitly prohibit law firms from agreeing to client guidelines that exceed the Model Rules.
Featured Insights

Healthcare Alert
Aug 3, 2026
Fixing the Emergency Refill Trap: What California’s AB 1587 Means for Pharmacies

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jul 30, 2026
Should Text Messages be Considered “Calls” Under the TCPA? The Seventh Circuit Says No

Healthcare Alert
Jul 30, 2026
California Courts Sharply Curtail the MICRA Damages Cap in Nursing Home Litigation

Insights for Insurers Alert
Jul 30, 2026
Analyzing a Couple of Cases Involving Exclusions in D&O Policies

In The News
Jul 29, 2026
Hinshaw Authors Contribute Two Articles in Latest Edition of the CCFL Quarterly Report

Webinar
Jul 28, 2026
Cathy Mulrow-Peattie and Sabrina Janeiro Present on Legal AI Technology

In The News
Jul 27, 2026
Scott Seaman Discusses How the Insurance Industry Contributed to the 2026 FIFA World Cup

Privacy, Cyber & AI Decoded Alert
Jul 27, 2026
Compliance Guidance for the New Vermont Data Privacy and Online Surveillance Act (VDPOSA)

Healthcare Alert
Jul 24, 2026
Q&A: Right to Electronic Monitoring Extended to Illinois Assisted and Shared Living Facilities

Press Release
Jul 23, 2026
Insurance Partner Christophe Burusco Joins Hinshaw in Los Angeles

In The News
Jul 16, 2026
Jennifer Driscoll Anticipates Epic Battle Between “Titans of the Antitrust Bar”

