Category Archives: Ethics

Why Is DOJ Trying to Unfairly Disqualify Defense Counsel for “Conflicts”?

By Sara Kropf There seems to be a disturbing trend by Department of Justice attorneys to encourage defense counsel to disqualify themselves based on a supposed “conflict of interest” without disclosing to defense counsel why the prosecutor thinks a conflict … Continue reading

Posted in DOJ policy and practice, Ethics | Leave a comment

Fight the Power, Part II: The Sheldon Silver Case

In Part I of this series, I pointed out that DOJ uses the media as a tool to punish defendants. It publicizes indictments, without equally publicizing acquittals and dismissals. This post is the second in a series exploring how defense … Continue reading

Posted in Dismissal of charges in indictment, DOJ policy and practice, DOJ Statements, Ethics, Grand jury, Prosecutorial misconduct, Public Corruption | 1 Comment

Can The Ethics Rules Stop Brady Violations?

Brady v. Maryland requires a prosecutor to disclose evidence that is favorable to the defense. Yet many critics have correctly pointed out that unless there exists a way to discipline prosecutors who willfully violate this obligation, it is an abstract … Continue reading

Posted in Appeal, Discovery/Brady, Ethics | 1 Comment

A Cautionary Tale: Make Sure Your Investigator Follows The Law

In a white-collar case, the prosecutors have the FBI on their side. A private lawyer can’t call on armed agents to investigate a case. Hiring a good private investigator, then, can make all the difference. A skillful and diligent investigator … Continue reading

Posted in Computer fraud, Ethics | Leave a comment