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NY2: Lawyers should not be prosecuted for good faith legal advice

By John Wesley Hall, Jr.

A lawyer should not, indeed, cannot, be prosecuted for giving good faith legal advice. Here, the lawyer advised a job action by nurses that led to all their prosecution for abandoning patients. "It is an assault on the adversarial system of justice upon which our society ...." Matter of Vinluan v. Doyle, 2009 NY Slip Op 00219 (2d Dept. January 13, 2009). See Lawyer Cannot Be Prosecuted for Giving Advice, Panel Finds on Law.com and White Collar Crime Blog. From the opinion: As charged in the indictment, it is clear that Vinluan's criminal liability is predicated upon the exercise of ordinarily protected First Amendment rights. The indictment asserts that Vinluan committed the charged offenses by counseling the nurses to immediately resign from Avalon Gardens, and filing a discrimination claim on their behalf...continue to full post

Full post as published by Law Of Criminal Defense on January 19, 2009 (boomark / email).