tag:blogger.com,1999:blog-15479871.post3047990480388896558..comments2024-03-22T03:28:24.897-04:00Comments on Recording Industry vs The People: Query to fellow practitioners: are we under an obligation to bring the May 15th order in Capitol v. Thomas to the attention of the Court?raybeckermanhttp://www.blogger.com/profile/11063235302436280455noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-15479871.post-79468027149889953512008-05-19T17:26:00.000-04:002008-05-19T17:26:00.000-04:00But if you truly believe they are in violation of ...But if you truly believe they are in violation of this rule, why wouldn't you say so?<BR/><BR/>Why would you say "we have no opinion"??<BR/><BR/>Nothing you have said to those 2 judges has worked yet, why not say "the pro hac vice motion should be denied, and here is why"?<BR/><BR/>-BAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-21539506142983822472008-05-18T17:39:00.000-04:002008-05-18T17:39:00.000-04:00I rejected a comment because it misread my questio...I rejected a comment because it misread my question.<BR/><BR/>My question relates to the following scenario:<BR/><BR/>-practitioner is representing a defendant in an RIAA case;<BR/><BR/>-a motion for pro hac vice admission is made on behalf of an attorney from Holme Roberts & Owen;<BR/> <BR/>-does the practitioner have a duty to bring Capitol v. Thomas to the attention of the court, in connection with the pro hac vice motion, since the May 15th order suggests a possible violation by HRO of a disciplinary rule in its failure to bring to the attention of the court contrary controlling authority?raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-66052400638981870372008-05-17T13:39:00.000-04:002008-05-17T13:39:00.000-04:00Stevo, if you're an attorney why aren't you doing ...Stevo, if you're an attorney why aren't you doing it?raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-40073614912526062952008-05-17T13:19:00.000-04:002008-05-17T13:19:00.000-04:00Model Rules of Professional ConductMaintaining The...Model Rules of Professional Conduct<BR/>Maintaining The Integrity Of The Profession<BR/>Rule 8.3 Reporting Professional Misconduct<BR/><BR/>(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-41489285846389956382008-05-16T20:57:00.000-04:002008-05-16T20:57:00.000-04:00Are ABA rules included in the FRCP, or any local r...Are ABA rules included in the FRCP, or any local rules? If not, could someone possibly explain how this helps any of the cases? If it costs you your ABA membership, do you lose the right to practice law?<BR/><BR/>Even if it affects the counsel of record...how does it change...anything...since some other person will just become "of record" on the case<BR/><BR/>-BAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-47881403607575785782008-05-16T19:48:00.000-04:002008-05-16T19:48:00.000-04:00Well, anonymous, if you're a lawyer, and you know ...Well, anonymous, if you're a lawyer, and you know about it, why aren't you doing it?raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-85599974323540610922008-05-16T17:44:00.000-04:002008-05-16T17:44:00.000-04:00I think there's another important ethical question...I think there's another important ethical question here. Do you, holding a reasonable belief that HR&O was aware of the contradictory controlling authority, have an obligation to bring their violation of rules of professional responsibility to the attention of the pertinent bar association? I would say yes.Anonymousnoreply@blogger.com