Friday, June 20, 2014

Immigration Inquiries/Threats Unethical?

The Nebraska State Bar Association has sought to amend the comments to Rule 4.3 - respect for the rights of third persons - by adding the following language

 The duty imposed by paragraph (a) of this Rule includes a lawyer’s assertion or inquiry about a third person’s immigration status when the lawyer’s purpose is to intimidate, coerce, or obstruct that person from participating in a civil matter. When a lawyer is representing a client in a civil matter, a lawyer’s communication to a party or a witness that the lawyer will report that person to immigration authorities, or a lawyer’s report of that person to immigration authorities, furthers no substantial purpose of the civil adjudicative system if the lawyer’s purpose is to intimidate, coerce, or obstruct that person from participating in a civil matter. See, also, Rules 8.4(b) (prohibiting criminal acts that reflect adversely on a lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects) and 8.4(d) (prohibiting conduct that is prejudicial to the administration of justice or adversely discriminatory toward litigants, witnesses, lawyers, judges, judicial officers, or court personnel on the basis of race, national origin, gender, religion, disability, age, sexual orientation, or socioeconomic status).

The comment period to comment on the proposed new comment ends on Septemeber 1, 2014. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2014/06/the-nebraska-state-bar-association-has-sought-to-amend-the-comments-to-rule-43-respect-for-the-rights-of-third-persons-b.html

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