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
Alabama: Important Lifetime Carry Permit Legislation Introduced

Wednesday, January 22, 2020

Alabama: Important Lifetime Carry Permit Legislation Introduced

Today, January 22nd, legislation was introduced in the Alabama Legislature to create a new lifetime carry permit for state residents.

Bloomberg Dismisses Texas Hero, Insists It Wasn’t His “Job” to Have a Gun or Decide to Shoot

News  

Monday, January 6, 2020

Bloomberg Dismisses Texas Hero, Insists It Wasn’t His “Job” to Have a Gun or Decide to Shoot

Jack Wilson – a 71-year-old congregant of the West Freeway Church of Christ in White Settlement, Tex. – is a hero to most Americans. When a deranged man savagely murdered two of Mr. Wilson’s fellow ...

Bloomberg Bought Virginia Legislators Introduce Confiscatory Gun Ban

News  

Monday, November 25, 2019

Bloomberg Bought Virginia Legislators Introduce Confiscatory Gun Ban

Michael Bloomberg’s bought and paid for Virginia legislators have wasted no time introducing legislation that would make the Old Dominion’s gun laws worse than those of the billionaire’s home state of New York.

New Hampshire: Bill to Shut Down Shooting Ranges Set for Committee Hearing

Thursday, January 16, 2020

New Hampshire: Bill to Shut Down Shooting Ranges Set for Committee Hearing

On January 23rd, the New Hampshire Senate Judiciary Committee will hold a public hearing on Senate Bill 469, sponsored by Senator Jeanne Dietsch (D – District 9), at 10:00 AM in Room 100 of the State ...

Washington: Mag Ban & Other Bills Heading to Senate Floor

Thursday, January 23, 2020

Washington: Mag Ban & Other Bills Heading to Senate Floor

On January 23rd, the Washington Senate Law & Justice Committee approved three anti-gun bills, among them Senate Bill 6077 to ban most standard capacity magazines. These bills are now headed to the Rules Committee awaiting being pulled ...

Virginia Senate Passes Three Gun Control Bills - Committee Advances a Fourth

News  

Sunday, January 19, 2020

Virginia Senate Passes Three Gun Control Bills - Committee Advances a Fourth

Last week, the Virginia Senate Judiciary Committee sent four gun control bills to the full chamber. The measures included an attack on the state firearms preemption statute and Right-to-Carry permit holders (SB35), a one-handgun-a-month bill ...

Virginia Gov. Northam Wants Millions in Tax Money to Ban Guns and Jail Gun Owners!

News  

Monday, January 6, 2020

Virginia Gov. Northam Wants Millions in Tax Money to Ban Guns and Jail Gun Owners!

In recent weeks NRA-ILA informed Virginia gun owners about gun control funding included in the state budget bill. The budget legislation, HB30, included a $250,000 appropriation to the Corrections Special Reserve Fund in order to provide for the ...

Los Angeles Backs Down, Repeals Controversial Ordinance Targeting NRA

News  

Tuesday, January 21, 2020

Los Angeles Backs Down, Repeals Controversial Ordinance Targeting NRA

FAIRFAX, Va. — The Los Angeles City Council today voted to formally repeal a controversial city ordinance requiring contractors seeking to do business with the city to disclose ties to the National Rifle Association (NRA). The ...

California: Firearm & Ammo Tax Bill Returns

Tuesday, January 21, 2020

California: Firearm & Ammo Tax Bill Returns

On Thursday, January 23, the Assembly Appropriations Committee has scheduled Assembly Bill 18, a returning anti-gun measure that was sent to the committee suspense filed last year.    

Sorry Shannon, But Those “Random Civilians” Are What Are Known As NRA Members

News  

Sunday, January 19, 2020

Sorry Shannon, But Those “Random Civilians” Are What Are Known As NRA Members

We were well aware that after New York billionaire Michael Bloomberg spent a cool $2.5 million on his latest acquisition, majority control of the Virginia General Assembly, law-abiding gun owners in The Old Dominion would see an onslaught of legislation ...

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.