To: AlwaysLurking
Edmondson said. State law trumps any ethical concerns, he said. """""""
He is wrong. When ethics and the law conflict, (a rare occurance) ethics usually trump the matter. If there is a TRUE conflict, you go to a judge and recieve an order. You also put the bar on notice.
An attorney can comply with the law and still be in ethics violation.
A famous case was where a lawyer knew the name of a hit and run drunk driver, his client. The police did not know. The Bar said the lawyer man NOT disclose the name unless the client consented, the client did not. The police were able to find the ID on their own.
To: longtermmemmory
The Florida bar also recommended that the prosecutor seek court guidance. Instead, he wrote a phony memo to the file lying about what the Florida bar told him, and then leaked the letters to the Sun Sentinel, which specially asked for them, without court guidance.
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