Explaining the Conflict Issues and the Special Counsel Rules As They Apply in the Justice Department's Investigation of Donald Trump.
Stephen Gillers is the Elihu Root Professor of Law Emeritus and Barbara Gillers is an Adjunct Professor of Law, both at New York University School of Law.
12 Sept 2022
Documents Inadvertently Sent: Claw It Back. Shaming Lawyers For The Clients They Accept or Reject
Alex Jones’s law firm reportedly sent opposing counsel years of Jones’s text messages and they were used to cross-examine him. Could the firm have mitigated the harm through what has come to be known as claw back? Are Jones’s lawyers now exposed to discipline or damages?
Famed appellate lawyer Paul Clement left Kirkland when the firm decided to stop advocating for Second Amendment rights. Clement had just one a big Second Amendment case in the Supreme Court. On the flip side, lawyers are sometimes shamed because of the clients they do represent. Who’s right here? No one did anything unethical. But can lawyers be criticized for the clients they accept or reject?
Stephen Gillers is the Elihu Root Professor of Law and Barbara Gillers is an Adjunct Professor of Law, both at New York University School of Law.
8 Aug 2022
Can A Prosectuor Refuse All Abortion Cases? If Indicted, Can Trump Rely on the Advice of Counsel?
About 100 prosecutors nationwide have said they will not prosecute abortion cases. Yet their client is the state and if the state has made abortion a crime, can a local prosecutor ethically refuse to enforce the law?
Also, the question has been asked whether, if indicted, Trump could rely on the advice of counsel that his conduct was legal, and thereby create a reasonable doubt about his criminal intent. What is the advice of counsel defense and could it work here?
Stephen Gillers is the Elihu Root Professor of Law and Barbara Gillers is an Adjunct Professor of Law, both at New York University School of Law.
See show notes and references at https://www.nycbar.org/media-listing/media/detail/can-a-prosecutor-refuse-all-abortion-cases-if-indicted-can-trump-rely-on-the-advice-of-counsel
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