As our States’ chief legal officers, we are concerned about the use of American financial institutions for money laundering by terrorist groups and other criminal enterprises.
This course will begin by exploring the ethical obligations lawyers have when representing an organization or agency and conclude with determining how to assess whether a threat in a negotiation is permissible under the Rules of Professional Conduct.
“Lawful Investigative Activities,” Pretext, and Rule 8.4(c) of the Colorado Rules of Professional Conduct
There are important considerations to ensure a lawyer’s oversight complies with local ethics rules. This article addresses Colorado’s rule and provides practical considerations for lawyers to consider in conducting their own such investigations.
Many law review articles insist that overzealous prosecutors, intentionally or negligently exceeding the scope of their legitimate authority. This article argues that there is virtually no empirical support for this proposition, and the evidence supports the conclusion that prosecutorial misconduct occurs with admirable infrequency.
With courts embracing the use of modern technology during trials, prosecutors have turned to PowerPoints in closing arguments to summarize the evidence presented to the jury. The Ethics Corner summarizes cases where appellate courts found that prosecutors had committed professional misconduct in those presentations and gives practice points as to how prosecutors might use presentations ethically and effectively.
This article details how this new position has been structured to ensure that ethics and integrity are integrated into every aspect of the AG office’s operations.
Compliance Monitoring and State Attorney General Investigations: Issues in Appointment and Operation
With increasing use of compliance monitors by state attorneys general and federal law enforcement in corporate settlement agreements, this article describes the significant advantages that monitors provide in enforcing complex injunctive relief and overseeing systemic corporate changes, and discusses key practices and standards to consider in selecting monitors and defining their roles.
When the U.S. Supreme Court handed down its decision in Robert McDonnell v. United States nearly two years ago, it announced a new standard for cases involving a federal bribery statute. This first article of a two-part series examines how state courts have construed McDonnell and provides some practical tips for prosecutors to consider when investigating, charging, and trying corruption cases that may help avoid McDonnell issues.
In this issue, the Ethics Corner addresses the recently-amended ABA Model Rule 1.1 and what it now means to provide competent representation, "including the benefits and risks associated with relevant technology."
Amie Ely, director of NAGTRI's Center for Ethics & Public Integrity (CEPI), writes about assembling a cadre of "ethics gurus" from attorneys general offices and summarizes some of the ethics issues that have been identified. One issue addressed is whether prosecutors can ethically advise law enforcement in undercover operations that involve the use of subterfuge.