"The Impact of" General Dynamics Corp. v. Superior Court "on the Evolving Tort of Retaliatory Discharge for In-House Attorneys"

In the General Dynamics Corp. v. Superior Court case, the California Supreme Court decided to permit in-house counsel to plead the retaliatory discharge cause of action because the availability of the tort action would help corporate counsel promote the fundamental public policies reflected in the ethical rules. Protecting society is an important goal that attorneys must strive to achieve. However, lawyers also must remain conscious of the ethical duty that they owe to their clients. The General Dynamics test affords in-house attorneys discharged for upholding mandatory ethical obligations a reasonable remedy that protects both society and the confidences of the client. Courts should not extend further the retaliatory discharge remedy and jeopardize client confidences. Rather, the state legislatures must consider revising the governing ethical rules to eliminate ambiguity and to provide specific direction to corporate counsel dealing with potential ethical conflicts.