IEC Journal

New DOJ Policies on Criminal Discovery

As reported on the main DOJ blog, Attorney General Holder recently issued new guidelines concerning criminal discovery.

NOTE: DOJ provides both an RSS feed and e-mail updates to make it easier to keep up with new developments.

Eight Questions for Government Pro Bono Lawyers

Cheryl Zalenski, an ABA-employed pro bono coordinator, has an essay entitled Eight Questions a Government Lawyer Should Ask Before Taking a Pro Bono Case. Ms. Zalenski also has a Twitter feed.

DOJ Supports Immunity for Advice on Interrogation

The Department of Justice supports immunity for John Woo and other lawyers who drafted memos supporting controversial interrogation techniques. Not everyone agrees.

Supreme Court Hears "Honest Services" Cases

The Christian Science Monitor analyzes three "honest services" cases being heard by the Supreme Court.

Note that it is easy to set up Google Alerts so that it will automatically send you e-mail updates on any topic you choose. This feature works best when you have a search term that filters well, such as "honest services."

High Court Considers Prosecutorial Immunity

The Supreme Court heard arguments earlier this month advocating limits on prosecutorial immunity, with some justices expressing a surprising level of hostility toward the doctrine. The respected SCOTUS Blog provides analysis.

CPI Finds Prosecutorial Misconduct Widespread

A recent Center for Public Integrity study found 2,000 cases overturned or otherwise modified by judges on account of prosecutorial misconduct.

(Via The Center for Public Integrity : Investigations.)

Issue With DOJ Nominee Withholding Client Names?

The Washington Times reports:

The criminal defense lawyer nominated by President Obama to be the top federal prosecutor in New Jersey is declining to identify more than half of his private clients on government forms designed to help the public guard against potential conflicts of interests.

Paul J. Fishman, nominated to serve as the U.S. attorney for New Jersey, is citing the privacy interests of the clients - an exemption that is permitted under federal ethics laws, but that leaves prosecutors on an honor system to police their own conflicts, ethics watchdogs say.

DC Bar Legal Ethics CLE Program

This 3 credit hour program could be of particular interest to lawyers from states whose bars require annual training on ethics topics. More information is available at the DC Bar web site:

Ethics and the Government Lawyer 2009: Hot Topics and Issues

Monday, June 22, 2009 5:30 PM to 8:45 PM

Description: In recent years, media and public attention have sharply focused on the ethics of prosecutors and government attorneys. The traditional reluctance to subject government attorneys to bar discipline is evaporating nationwide, making it more important than ever to know what the Rules of Professional Conduct require… even though they often fit imperfectly with the special circumstances of government practice. This up-to-date class will help you sharpen your ethical analysis skills and increase your sensitivity to lurking ethical problems. You will examine recent legal ethics developments as they apply to government practice, using interactive hypothetical scenarios and discussions of current cases.

Cost for government lawyers is $89.00.

DOJ Authors of Controversial Memos Seek Consideration

A Washington Post story explains:

Former Bush administration officials have launched a behind-the-scenes campaign to urge Justice Department leaders to soften an ethics report criticizing lawyers who blessed harsh detainee interrogation tactics, according to two sources familiar with the efforts.

CLE: Ethics and the Government Lawyer

The DC Bar Association will host a June 23 CLE program on the topic "Ethics and the Government Lawyer 2009: Hot Topics and Issues."

Here is the course description:

Credit: 3.0 Ethics Credit Hours

Description: In recent years, media and public attention have sharply focused on the ethics of prosecutors and government attorneys. The traditional reluctance to subject government attorneys to bar discipline is evaporating nationwide, making it more important than ever to know what the Rules of Professional Conduct require… even though they often fit imperfectly with the special circumstances of government practice. This up-to-date class will help you sharpen your ethical analysis skills and increase your sensitivity to lurking ethical problems. You will examine recent legal ethics developments as they apply to government practice, using interactive hypothetical scenarios and discussions of current cases. 

Location

D.C. Bar Conference Center
1101 K Street NW
(Metro Center)
Washington DC 20005

Contact

CLE Program 202-626-3488

Speakers

Jack Marshall, ProEthics

CLE Credit

Yes

Cost

Administrative Law and Agency Practice Section $89.00
Corporation, Finance and Securities Law Section $89.00
Courts Lawyers & Administration of Justice Section $89.00
Environment, Energy and Natural Resources Section $89.00
Labor and Employment Law Section $89.00
Litigation Section $89.00
Government Attorneys $89.00
DC Bar Member $99.00
Others $129.00

Legal Ethics and Electronic Discovery

A new law review article, E-Pitfalls: Ethics and E-Discovery posits that far from involving novel new legal issues, electronic discovery issues involve well-established principles of legal ethics. Thanks to the Federal Civil Practice Bulletin for the link.

Metadata - What Is It and What Are My Ethical Duties?

Jim Calloway's article entitle Metadata - What Is It and What Are My Ethical Duties? has more information on a legal ethics topic covered in a previous IEC meeting.

Revised Slides for January Presentation

Here is a link to the revised version of the slides for the recent presentation by Peggy Love and Steve Csontos on the topic "Seeking Employment and Post Employment Obligations for Government Attorneys Entering the Private Sector":

Download Seeking-Post Employment for Attorneys- IEC Meeting 109 (2)

Most of the changes are minor, but note that Slide #37 entitled "Resources" references an OGE Advisory Opinion which has been changed. The link above incorporates the correction.

Topic for Jan. 8 Meeting: Govt. Lawyer Transition to Private Sector

Peggy Love and Steve Csontos will speak on the topic "Seeking Employment and Post Employment Obligations for Government Attorneys Entering the Private Sector" at the Jan. 8 IEC meeting. Their MS PowerPoint slide show is available for pre-meeting downloads. If you want to save paper, remember that you can format the slide show to print three or six slides per page.

Ethics of Metadata 2008

Jim Calloway, the respected Director of the Oklahoma State Bar's Management Assistance Program, provides his latest assessment of the controversy over lawyer access of metadata in a blog post entitled "Ethics of Metadata 2008." He links to a collection of all ethics opinions on the topic and expresses his skepticism concerning the practicality of those opinions that conclude examining metadata is unethical.

January 8 IEC Meeting: Gov. Attorneys Entering Private Sector

Peggy Love and Steve Csontos will speak at the Jan. 8 IEC meeting on "seeking and post-employment obligations for government attorneys entering the private sector," the same topic as Ms. Love's DC Bar presentation mentioned here earlier. Thanks to John Szabo for the tip.