Explore The NRA Universe Of Websites

Brady Center's Attorneys Withdraw from Case Under Cloud of Ethical Lapses

Saturday, April 18, 2015

Brady Center's Attorneys Withdraw from Case Under Cloud of Ethical Lapses

Earlier this week, the Brady Center's Legal Action Project attorneys Jonathan Lowy and Alla Lefkowitz withdrew from a Wisconsin lawsuit after inadmissible evidence was published on Brady’s website in violation of Wisconsin’s rules of professional conduct concerning trial publicity.

According to an article on the Journal Sentinel's website, Milwaukee County Judge Jeffrey Conen may have given Lowy and Lefkowitz the benefit of the doubt when he said, “I don't how things are practiced in Washington, D.C., or New York or anywhere else, but out here in the Midwest we have certain rules.”  Judge Conen’s reference to Washington, D.C. and New York was likely due to those being the jurisdictions of Lowy’s and Lefkowitz’s bar membership, respectively. 

While it wasn’t unreasonable for Judge Conen to suppose that the Brady attorneys may have been unfamiliar with Wisconsin legal ethics and rules of conduct, all attorneys are charged with understanding ethical rules in the jurisdiction in which they’re licensed. In this case, the Wisconsin rules Lowy and Lefkowitz transgressed mirror similar rules in their own states of licensure, rules with which they are presumably familiar. 

"I don't how things are practiced in Washington, D.C., or New York or anywhere else, but out here in the Midwest we have certain rules." - Milwaukee County Judge Jeffrey Conen

Wisconsin's rule concerning trial publicity in part provides that “[a] lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.”  This rule is identical to the American Bar Association’s model rule of professional conduct on the same topic: Rule 3.6.  To clear up any potential ambiguity, both the Wisconsin rule and the ABA model rule specifically mention publication of inadmissible evidence as a potential grounds for violation of the rules.  Both New York and Washington, D.C. have substantially similar rules concerning trial publicity.

The Brady attorneys’ behavior is typical of a general apathy shared by many anti-gun activists toward legal rules or principles they find objectionable or inconvenient.  In fact, the Wisconsin case that the Brady attorneys withdrew from is an attempt to punish a Federal Firearms Licensee for the criminal acts of a third party, which is exactly the type of case that Congress meant to stop through passage of the Protection of Lawful Commerce in Arms Act ("PLCAA"). 

The PLCAA was itself a response to anti-gun litigators' attempts to get courts to break a centuries old common law tort rule that prevented holding an individual liable for the criminal acts of a third party.  While often portrayed as a special interest immunity to protect the gun industry, the PLCAA did nothing more than ensure even application of this common law rule throughout the United States. This in turn protects firearms dealers, manufacturers and importers, many of which businesses could be forced to close by the mere threat of costly litigation, from frivolous lawsuits brought by unscrupulous anti-gun litigators who put their hatred of guns above their oaths to uphold the law. 

Unfortunately, the withdrawal of Brady’s attorneys does not necessarily signal the end of the suit … or the end of Brady's freewheeling anti-gun tactics.

TRENDING NOW
Gun Control Supporters Race to Embarrass Themselves Following OSU Stabbing Attack

News  

Thursday, December 1, 2016

Gun Control Supporters Race to Embarrass Themselves Following OSU Stabbing Attack

Guinness World Records may refuse to acknowledge feats pertaining to the lawful exercise of right to keep and bear arms, but how about a world record for most shameless attempt to politicize tragedy? The competition would ...

California: Bullet Button Guns Must be Purchased and Received by Dec 31st

Wednesday, November 30, 2016

California: Bullet Button Guns Must be Purchased and Received by Dec 31st

Recently the California Department of Justice Bureau of Firearms sent out a notice to California firearms dealers with information regarding the recently passed “assault weapon” legislation, SB880 and AB 1135.

Home Defense - Mastering Bushes vs. Bushmasters

News  

Thursday, December 1, 2016

Home Defense - Mastering Bushes vs. Bushmasters

A while back, we wrote about an inane NBC Today Show segment that recommended homeowners rely on car keys and wasp spray to defend themselves against burglars and other home invaders. A former New York ...

New Jersey:  Urgent! Legislation Puts Shooting Ranges in Crosshairs

Wednesday, November 30, 2016

New Jersey: Urgent! Legislation Puts Shooting Ranges in Crosshairs

Shooting ranges as we know them may be a thing of the past if anti-gun politicians have their way in the Garden State.  A pair of dangerous bills are scheduled in the Assembly Law & ...

DNC Chair Frontrunner Rep. Keith Ellison (D-Minn.) is an Anti-Second Amendment Radical

News  

Thursday, December 1, 2016

DNC Chair Frontrunner Rep. Keith Ellison (D-Minn.) is an Anti-Second Amendment Radical

It appears that those gun rights supporters hoping that the leaders of the Democratic Party would engage in a moment of self-reflection following their historic defeat in the 2016 election may be left wanting. Despite ...

Elites Reserve the Right to Decree What is "Fake" and What is "News"

News  

Thursday, December 1, 2016

Elites Reserve the Right to Decree What is "Fake" and What is "News"

Legacy media corporations like the New York Times and Washington Post have big problems right now. Consumption of their product is dropping. Public confidence in them has tanked. And in front of the nation and the world, they blew ...

Eleventh Hour Changes to Federal Firearm Form

News  

Friday, November 18, 2016

Eleventh Hour Changes to Federal Firearm Form

In what will hopefully be one of the final acts of the Obama Administration on firearms, the ATF on Monday announced that its proposed changes to the Form 4473 would go into effect on January ...

Gun Sales Deny Critics, Set Record on Black Friday

News  

Thursday, December 1, 2016

Gun Sales Deny Critics, Set Record on Black Friday

With the election of Donald Trump in early November, many mainstream news sources predicted a substantial downturn in gun sales. Some even claimed that Trump’s victory would cause slower sales on Black Friday, which is ...

Illinois: Suppressor Legalization Legislation Passes out of Senate Committee - But your Senator Still Needs to Hear from You!

Hunting  

Tuesday, November 29, 2016

Illinois: Suppressor Legalization Legislation Passes out of Senate Committee - But your Senator Still Needs to Hear from You!

Thanks to your emails and calls, Senate Bill 206, legislation which would legalize the possession and use of suppressors in Illinois, was passed out of committee and has been sent to the Senate floor for consideration.

Illinois: Update on Suppressor Legalization Legislation

Wednesday, November 30, 2016

Illinois: Update on Suppressor Legalization Legislation

Senate Bill 206, legislation which would legalize the possession and use of suppressors in Illinois was not brought up for consideration today.  However, this important pro-gun bill could be brought up for consideration at any time and your ...

MORE TRENDING +
LESS TRENDING -
NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.