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WI: Lawyer's use of deceit to get information to aid client was not a violation of rules

By John Wesley Hall, Jr.

Through the ABA, I got a document to be or that was published in 25 Law. Man. Prof. Conduct 115 where the Wisconsin Supreme Court, in an unsigned opinion not on its website, held that a lawyer did not violate Rule 4.1 by using deceit to get access to evidence where the police and prosecutors do it all the time, there was no alternative means to get the information, and nobody but the prosecutor seemed to think that there was anything wrong with it, especially the other lawyers in the jurisdiction. Defense Lawyer Didn't Contravene Rules By Using Ruse to Get Dirt on Complainant A criminal defense attorney did not violate ethics rules against false statements or deception by having an investigator use false pretenses to obtain potentially damaging evidence from a client's alleged victim, the Wisconsin Supreme Court concluded Feb...continue to full post

Full post as published by Law Of Criminal Defense on April 29, 2009 (boomark / email).