I agree with you. But one can raise hell by advocating to get the legal team on board as quickly as possible and making it clear that there's a significant issue that needs to be considered without using the words that will get the company half a million dollars of billed in-court attorney time whether or not there was actually any ethical issue.
That's the key difference and the purpose for constraining what ends up in discoverable media.
There is, perhaps, a meta-ethical question of whether companies should, in general, be factoring into their calculus ways to minimize the government's capacity to hinder their activities. It's a good question. I don't have an answer that's universally true. I suspect if we sit down and consider it, we find lots of circumstances where it's not in the best interests of anyone to just hand the government a company's throat to be slashed. After all, especially if we're talking about the United States, it's not like the government itself has proven a bastion of ethical reasoning either.
That's the key difference and the purpose for constraining what ends up in discoverable media.
There is, perhaps, a meta-ethical question of whether companies should, in general, be factoring into their calculus ways to minimize the government's capacity to hinder their activities. It's a good question. I don't have an answer that's universally true. I suspect if we sit down and consider it, we find lots of circumstances where it's not in the best interests of anyone to just hand the government a company's throat to be slashed. After all, especially if we're talking about the United States, it's not like the government itself has proven a bastion of ethical reasoning either.