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
Credibility Crisis Facing Violence Interruption Programs Continues

News  

Monday, June 15, 2026

Credibility Crisis Facing Violence Interruption Programs Continues

Few things expose the hypocrisy of anti-gun activists and their allies more clearly than the recurring spectacle of so-called “violence interrupters” and their own violent tendencies. The story has become repetitive but worth reiterating because ...

Canadian Criminologist: “Almost All of the U.S. is Safer than Toronto”

News  

Monday, June 15, 2026

Canadian Criminologist: “Almost All of the U.S. is Safer than Toronto”

Canada’s Liberal Prime Minister Mark Carney recently defended his government’s gun confiscation and “buyback” program, stating the government “has acted swiftly and decisively to combat gun crime” by removing “prohibited assault-style firearms from communities across ...

New York’s Penn Station: “Sensitive Place” or a “Disgusting” “Hellhole”?

News  

Monday, June 15, 2026

New York’s Penn Station: “Sensitive Place” or a “Disgusting” “Hellhole”?

Another week, another grotesque act of violence in one of New York’s least sensitive places.

UN Officials Declare “We Have Lawyers” After Forcing Through Another Controversial Small Arms Outcome Document

News  

Wednesday, June 10, 2026

UN Officials Declare “We Have Lawyers” After Forcing Through Another Controversial Small Arms Outcome Document

The United Nations’ Ninth Biennial Meeting of States to Consider the Implementation of the Program of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects ...

Up Next for DOJ’s Second Amendment Section: Philadelphia

News  

Monday, June 15, 2026

Up Next for DOJ’s Second Amendment Section: Philadelphia

Harmeet Dhillon, Assistant Attorney General for the Civil Rights Division of the Department of Justice (DOJ), has been doing yeoman’s work in the defense of the Second Amendment.

NRA Files Lawsuit Challenging Michigan’s License-to-Purchase Regime

Monday, June 15, 2026

NRA Files Lawsuit Challenging Michigan’s License-to-Purchase Regime

The National Rifle Association, Michigan Coalition for Responsible Gun Owners, Michigan Gun Owners, Michigan Open Carry, and four NRA members filed a lawsuit challenging Michigan’s firearm license-to-purchase and registration regime.

Virginia: Court Reiterates Injunction on Private Sale Ban, as Anti-Gun Lawmakers Mislead Public

News  

Monday, June 8, 2026

Virginia: Court Reiterates Injunction on Private Sale Ban, as Anti-Gun Lawmakers Mislead Public

Last October, a judge in the Circuit Court for the City of Richmond ruled in the case Raul Wilson, Wyatt Lowman, Virginia Citizens Defense League, Gun Owners of America, Inc, and Gun Owners Foundation v. ...

Massachusetts: Sunday Hunting Stripped from Budget

Thursday, June 11, 2026

Massachusetts: Sunday Hunting Stripped from Budget

House democrats have stripped provisions from the budget bill, H.D. 6042, that would have ended the Commonwealth’s ban on Sunday hunting, in addition to expanding land access and increasing opportunities for crossbow hunting. 

California: Multiple Anti-Gun Bills Scheduled in Committee

Tuesday, June 9, 2026

California: Multiple Anti-Gun Bills Scheduled in Committee

On Tuesday, June 16th,the Senate Public Safety Committee will hear several anti-Second Amendment bills, including AB1743, AB1753, and AB1810. Additionally, on June 23rd, the Senate Judiciary Committee will hear AB 2047, a proposal that effectively ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.