By Karen Rubin on Posted in Communication,In-house Counsel,Unrepresented partiesWhen the government comes knocking during a grand jury investigation, can a G-man interview one of your executives without getting consent from counsel? Last month, the U.S. District Court for the District of Maine said "Yes," and refused to suppress an executive's statements in the tax fraud case against him, holding that the ex parte chat didn't violate ethics rules. The case shows how in a federal criminal investigation, an exception to the well-known "no-contact" rule can sweep away its protection.
… Continue Reading
By Karen Rubin on Posted in Communication,Unrepresented partiesWe’ve mentioned before that some courts look with disfavor on lawyers helping pro se litigants by ghostwriting briefs for them to file as their own. Some opinions discussing the issue frame the conduct as lawyer deceit, as misrepresentation, or even as potential contempt of court. In a related twist, the ABA ethics committee has recently tried to issue some… Continue Reading