ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Ethics Blogs -> Legal Ethics Forum

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Ethics

: Legal Ethics Forum

An Important Lawyer Standing Case from the 2nd Cir. Today

ADVERTISEMENTS

It seems like it was argued a decade ago but it was only last spring. As quoted in tomorrow's issue of the NY Law Journal:

"Attorneys, journalists and human rights organizations have standing to challenge amendments to the Foreign Intelligence Surveillance Act they claim gives the executive branch unbridled authority to monitor their communications with people overseas, the U.S. Court of Appeals for the Second Circuit ruled yesterday."

I (and others) submitted an affirmation (or declaration or affidavit, I forget) for the ACLU but District Judge Koetl rejected my opinion (ignored it, in fact) and rejected the lawyer's standing argument that relied on it. T

he appeal was heard by Judges Calabrese, Lynch and Sack. Judge Lynch wrote the opinion. I ventured no view on standing itself - a legal issue -  but took the position that the government's broad powers would ethically prevent lawyers from having electronic communications of substance with their overseas clients, severely limiting their ability to represent them. In turn, the ACLU lawyers argued that this was enough to confer standing (injury in fact). 

The court accepted the description of the lawyers's confidentiality duty but said it would decide for itself if the law would unduly impede on a lawyer's ability to do his or her job consistent with the duty. That's a correct conclusion. The effect of the law on the government's ability to seize the professional conversations is a legal question. 

Here are a few more fair comment paragraphs from the Journal. 

"Reversing a lower court, the Second Circuit said the groups have standing to sue over §702 of the act, which was added to FISA, 50 U.S.C. §1881a, by the FISA Amendments Act (FAA) of 2008 to create new procedures for authorizing electronic surveillance against non-U.S. individuals outside the United States.

"The reason, the court said in the case of Amnesty International USA v. Clapper, 09-4112-cv, was that attorneys, journalists, human rights groups have alleged a 'reasonable fear of future injury and costs incurred to avoid that injury.'"

I haven't yet had a chance to read the whole opinion but the gist of the report tells me it will be important to this narrow but critical area of law. 

 


Full post as published by Legal Ethics Forum on March 21, 2011 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0046 secs (from cache 10/31/26 02:29:21)