MENU

Posts Tagged ‘Brad Rudin’

  • 03_Highlighter

    Ethical Considerations When Switching from Criminal Defense to the Prosecution

    NYLER ArchiveComments Off on Ethical Considerations When Switching from Criminal Defense to the Prosecution

    by Brad Rudin and Betsy Hutchings Because a prosecutor’s office (the office or office) fits within the definition of a law firm as a “government law office,” the same ethical rules that cover private law firms apply. See Rule 1.0[h] (defining “firm”...

  • Permissible Silence or Impermissible Deceit

    NYPRR ArchiveComments Off on Permissible Silence or Impermissible Deceit

    By Brad Rudin & Betsy Hutchings [Originally published in NYPRR September 2007]   In a recent murder case in Nassau County, the prosecution withheld from the defense the fact that it had an eyewitness to the murder, after it had apparently encouraged...

  • Communicating with In-House Counsel

    NYPRR ArchiveComments Off on Communicating with In-House Counsel

    By Brad Rudin & Betsy Hutchings [Originally published in NYPRR May 2007]   Suppose counsel for the plaintiff in a personal injury action against a large municipality concludes that it would be more productive to speak directly to the lawyer who heads...

  • England & U.S.: Contrasts in Witness Preparation Rules

    NYPRR ArchiveComments Off on England & U.S.: Contrasts in Witness Preparation Rules

    By Brad Rudin & Betsy Hutchings [Originally published in NYPRR March 2006]   In contrast to American principles allowing counsel to confer with a witness about the substance of proposed testimony and the best way to present the evidence, professional...

  • Allocation of Authority Between Lawyer & Client in Criminal Trial

    NYPRR ArchiveComments Off on Allocation of Authority Between Lawyer & Client in Criminal Trial

    By Brad Rudin & Lazar Emanuel [Originally published in NYPRR January 2005]   In a recent decision, the Court of Appeals failed to consider its own precedents on the allocation of decision-making between client and lawyer and rejected a claim of...

  • When Prison Inmate Threatens Suicide

    Current Issue, NYLER Archive, NYPRR Archive, UncategorizedComments Off on When Prison Inmate Threatens Suicide

    By Brad Rudin & Betsy Hutchings [Originally published in NYPRR December 2004]   Criminal defense and prisoners’ rights lawyers face a vexing ethical dilemma when confronted with a communication indicating that an inmate intends to commit suicide....