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Lawyer Prosecuted for Giving Legal Advice?

Holy cow.  How did this case miss the blogosphere's attention? A lawyer facing criminal charges for advising 10 nurses they could quit their jobs at a Long Island, N.Y., nursing facility gave "objectively reasonable" advice and cannot be prosecuted, a Brooklyn appeals panel has ruled. In a unanimous decision, the Appellate Division, 2nd Department, ruled that District Attorney Thomas J. Spota of Suffolk County must halt his prosecution of attorney Felix Vinluan and his clients. "We cannot conclude that an attorney who advises a client to take an action that he or she, in good faith, believes to be legal, loses the protection of the First Amendment if his or her advice is later determined to be incorrect," Justice Randall T. Eng wrote for the panel in , 08-02568...continue to full post

Full post as published by Crime & Federalism on January 17, 2009 (boomark / email).