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Attorney Discipline, the First Amendment and YOU!

SKU: EPR070N
Ethics Credits
2
Price$100
CDs/DVDs Only
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Description

Rudolph Giuliani, Kenneth Chesebro, Sidney Powell, L. Lin Wood, Kenneth Kubrowski and a number of other attorneys who sought to overturn the 2020 Presidential Election are now confronted with potential professional discipline for making false out of court statements.

Were such statements protected by the First and Fourteenth Amendments? Are there exceptions to the constitutional rights of lawyers to make such statements even if false? What are the implications of such efforts to discipline practicing lawyers for allegedly false or derogatory statements made publicly, on-line or in their offices? How does recently enacted Rule 8.4 (g) address these concerns?

Join us as a distinguished panel of scholars and practitioners address these and related issues.

Lecturer Bios

Ronald C. Minkoff, Esq.

Ronald C. Minkoff is a partner in the Litigation Group and Head of the Professional Responsibility Group. Mr. Minkoff is also one of New York State’s leading practitioners in the field of attorney ethics and professional responsibility, representing attorneys in a wide variety of matters including law firm partnership disputes, disciplinary cases, legal fee disputes and legal malpractice and professional liability cases on behalf of both plaintiffs and defendants. He also provides ethics opinions and advice to a wide variety of law firm clients.

Mr. Minkoff is a member of several Bar Ethics Committees, including the Committee on Standards of Attorney Conduct (COSAC) and the Committee on Professional Discipline of the New York State Bar Association. He is also the Chair of the Task Force on Professionalism of the New York County Lawyers Association, a former member of the American Bar Association Standing Committee on Professionalism, and a past President of the Association of Professional Responsibility Lawyers. He is a member of the Media Law Resource Center (MLRC) ethics committee and has written extensively for the New York Professional Responsibility Report, The Professional Lawyer, The New York Law Journal, and other publications. Mr. Minkoff is an Adjunct Professor of Professional Responsibility at Benjamin N. Cardozo School of Law. He has also served as an Adjunct Professor at New York University School of Law, Fordham Law School, and Brooklyn Law School. He is a frequent lecturer on the law of lawyering.

In addition, Mr. Minkoff represents businesses and individual professionals and executives in a wide variety of commercial litigation, including business break-ups, securities lawsuits, and domestic and international trade disputes. He represents several law firm partners in partnership disputes. And he represents an internationally known petrochemist in an oil and gas venture dispute. Mr. Minkoff was recently appointed to the Advisory Committee of the Commercial Division of the Supreme Court, New York County and was a member of Chief Judge Lippman’s Task Force on Commercial Litigation in the 21st Century. He is also a member of the Council on Judicial Administration of the New York City Bar Association.

Mr. Minkoff is a graduate of Columbia Law School (JD, 1980). He was an attorney at the Nassau County Legal Aid Society (1980-83), and was associated with Obermaier Morvillo & Abramowitz, P.C. (1983-85) and Owen & Fennell (1985-87). Mr. Minkoff was a member of Fennell & Minkoff (1987-94) and Beldock Levine & Hoffman (1994-2001) before joining Frankfurt Kurnit.

Representative cases: Grynberg v. BP Explorations Operating Co. Ltd. 92 A.D.3d 547 938 N.Y.S.2d 439 (2012); Frauzblau v. Cassin and Cassin LLP Index: 105949/10 Supreme Court New York County (2010); Carl v. Cohen and Greenberg Traurig, LLP 23 Misc.3d 1110(A) 886 N.Y.S.2d 66 (2009); Conopco, Inc. v. Wein, 2007 U.S. Dist. LEXIS 46945 (S.D.N.Y. 2007); Trepel v. Dippold, 2006 U.S. Dist. LEXIS 78050 (S.D.N.Y. 2006); Goetz v. Volpe and R & L Leasing, LLC, 11 Misc.3d 632, 812 N.Y.S.2d 294 (2006).

Bruce Green, Esq.

Bruce A. Green is the Louis Stein Professor at Fordham Law School, where he directs the Louis Stein Center for Law and Ethics. He teaches and writes primarily in the areas of legal ethics and criminal law, and is involved in various bar association activities. Currently, Professor Green is a Council member and past chair of the ABA Criminal Justice Section, serves on the Multistate Professional Bar Examination drafting committee, and is a member and past chair of the NY State Bar Association’s Committee on Professional Ethics.

He previously served on the ABA Standing Committee on Ethics and Professional Responsibility, was the Reporter to both the ABA Task Force on Attorney-Client Privilege and the ABA Commission on Multijurisdictional Practice, and co-chaired the ethics committee of the ABA Litigation Section and Criminal Justice Section.

Since joining the Fordham faculty in 1987, Professor Green has engaged in various part-time public service, including as a member of the NYC Conflicts of Interest Board, as a member of the attorney disciplinary committee in Manhattan, as Associate Counsel in the office of the Iran/Contra prosecutor, and as a consultant and special investigator for the NYS Commission on Government Integrity.

Previously, Professor Green was a federal prosecutor in the Southern District of New York, where he served as Chief Appellate Attorney, and he was a judicial law clerk to Justice Thurgood Marshall and Circuit Judge James L. Oakes.

John Montgomery, Esq.

John Montgomery became a litigation partner at Ropes & Gray in 1985, and served as managing partner of the firm from 2004 through 2012. He retired as a partner on December 31, 2012, but he continues to be active in pro bono and other public interest matters. John focuses on complex civil litigation with an emphasis on trials and appeals in high profile cases involving novel or publicly sensitive issues. In 2016, John was named a Lawyer of the Year by Massachusetts Lawyers Weekly for his work, along with a team from the firm, in litigation against Backpage.com involving online sex trafficking of children.

His litigation practice has included a variety of complex matters involving securities, pharmaceutical pricing, intellectual property, insurance coverage, commercial tort, product liability, ERISA, and regulatory matters. John has tried cases and argued appeals in Maine, Massachusetts, Illinois, New York, New Jersey, and Washington, D.C. His experience includes two successful arguments in the United States Supreme Court – including the landmark decision in Eastern Enterprises v. Apfel in which the court held that a Congressional statute imposing a $100 million retroactive liability on a Ropes & Gray client was unconstitutional.

Prior to joining Ropes & Gray in 1982, John served as an Assistant Attorney General for the Commonwealth of Massachusetts. He left the firm in 1990 to serve as First Assistant Attorney General for the Commonwealth of Massachusetts and returned to Ropes & Gray in 1992.Assistant Attorney General for the Commonwealth of Massachusetts and returned to Ropes & Gray in 1992.

He received a BA from The University of Michigan and a JD from Boston College Law School. studies lawyers’ ethics and the history of the legal profession, focusing on the interaction between lawyers’ work and the rhetoric or ideals of professionalism.

Rebecca Roiphe, Esq.

Rebecca Roiphe studies lawyers’ ethics and the history of the legal profession, focusing on the interaction between lawyers’ work and the rhetoric or ideals of professionalism.

Prior to joining New York Law School, Professor Roiphe worked as a Manhattan prosecutor. She also served as a law clerk for The Honorable Bruce Selya, U.S. Court of Appeals for the First Circuit. She draws on her professional experiences and her training as a historian in her writing. Her scholarship emphasizes the important, mediating role prosecutors play in American democracy and examines the country’s tradition of prosecutorial independence, particularly with regard to the President’s power to control the Department of Justice.

Professor Roiphe’s opinion pieces have appeared in Slate, the New York Review of Books, Politico, U.S. News, and other popular press. She is frequently quoted as an expert on legal ethics and criminal justice in the media, including in The New York Times, The Washington Post, Bloomberg News, Vice News, and the New York Law Journal. Professor Roiphe has appeared on MSNBC and CNN. She is a contributing legal analyst at CBS News, where she appears regularly to discuss national legal issues, particularly those involving Special Counsel Robert Mueller’s probe into Russian influence in the 2016 election and the impeachment trials of President Donald J. Trump.

William Hodes, Esq.

After graduating with honors from Harvard College in 1966, and from Rutgers Law School with highest honors in 1969, W. William Hodes began practice in a small civil rights and personal injury firm in New Orleans, where he had lived as a child. During the next eight years, he worked in Newark, New Jersey, first for the Kenneth Gibson administration, and then as senior staff attorney for the Education Law Center, a public interest law firm funded by the Ford Foundation.

In 1979, Hodes returned to the legal academy, first as a Bigelow Teaching Fellow at the University of Chicago Law School, and then as a Professor of Law at the Indiana University School of Law in Indianapolis. For the next twenty years, Professor Hodes taught in the areas of Civil Procedure, Constitutional Law, Federal Courts, Administrative Law, and Professional Responsibility. He gained a national reputation as a scholar, consultant, and expert witness in the areas of Legal Ethics and Professional Responsibility, as they were then known.

Beginning in 1985 however, those subjects began to be known as "The Law of Lawyering," after a book of that name was published, co-authored by Professor Hodes and Professor Geoffrey C. Hazard, Jr., who had served as the Reporter to the Kutak Commission that developed the Model Rules of Professional Conduct. The treatise, which is now in its fourth edition and updated twice a year by Hodes and new co-author Peter R. Jarvis of Portland, Oregon, has become a mainstay resource for both the practicing bar and the academic community, and is often cited in court and ethics committee opinions.

While in the academy, Professor Hodes took two unusual sabbatical leaves. In the Spring of 1989, Hodes, who had spent his junior high school years in Beijing and is still fluent in Chinese, was a Visiting Scholar and Lecturer at the China University of Politics and Law, teaching a course in American Civil Procedure and conducting research into Chinese People's Mediation. (The course was suspended in April, when the events leading to the June 4th Tiananmen Massacre began to unfold, and Professor Hodes began to accompany his students on protest marches.)

During the October 1996 Term of the United States Supreme Court, Professor Hodes served as law clerk to Justice Ruth Bader Ginsburg, who had been his Civil Procedure and Conflicts of Law professor some thirty years earlier, during her Rutgers days. According to knowledgeable sources, Hodes was the oldest person to have served as a law clerk since the early 19th Century.

In 1999, W. William Hodes retired from law teaching (at age 56) in order to establish the William Hodes Professional Corporation, which was later renamed The William Hodes Law Firm; he became Professor Emeritus of Law at Indiana University as the new century began. Through this solo practice, Hodes can now devote full time to providing representation, consultation, expert testimony, legal opinions, and other counsel and assistance to lawyers in the areas of The Law of Lawyering, and Constitutional, Appellate, Supreme Court, and other complex litigation.

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