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Feature TYLA Affiliate

DAYL Dinner with the Judiciary Provided Interesting Discussion of Legal Ethics Issues in High-Profile Cases
By:  Jennifer M. Larson

On October 23, 2012, the DAYL Judiciary Committee held its annual Dinner with the Judiciary at the Tower Club. This event lived up to its reputation as one of the most anticipated DAYL events of the year. Following a social hour where attorneys had the opportunity to mingle with local state and federal judges, the panel began a very interesting discussion regarding the plethora of legal ethics issues that a lawyer may confront in a high-profile case.

This year’s distinguished panel included Sarah Saldaña, U.S. Attorney for the Northern District of Texas; Judge Mark Greenberg, of County Court at Law No. 5; and Professor Linda Eads, Associate Provost and Associate Professor of Law at SMU Dedman School of Law. The panel was moderated by Jim Mitchell, Partner at PayneMitchell Law Group. The panel kept the audience’s attention throughout the evening, offering humorous anecdotes and warning young lawyers of common ethical pitfalls.

If you were unable to attend the DAYL Dinner with the Judiciary, here are some tips from the panel:

Bad press is not always good press; think twice before you agree to an interview regarding a case and make sure you have the client’s permission before you do so.

Remember that you have a duty to protect all confidential and privileged information, even when the information becomes public in a high-profile case.

Be mindful of the information you share with third-party consultants assisting you with your case, such as public relations firms and jury consultants. If you are not confident that the attorney-client privilege extends to the third-party consultant, do not share privileged information with the consultant.

Once litigation is pending, due to spoliation concerns, do not advise your client to delete posts or otherwise “clean” their social media accounts; instead, advise your client to refrain from discussing the case, or anything that may negatively affect the case, through their social media accounts.

When involved in a high-profile case, ensure that you follow all court orders in place to handle any media attention the case may receive.

The DAYL would like to thank the following judges for attending the event and for their continued support of the DAYL: Justice Robert M. Fillmore, Fifth District Court of Appeals; Judge Carl Ginsberg, 193rd District Court; Judge Mark Greenberg, County Court at Law No. 5; Judge Julia Hayes, County Criminal Court No. 2; Judge Catharina Haynes, U.S. Court of Appeals for the Fifth Circuit; Judge Martin Hoffman, 68th District Court; Judge Jim Jordan, 160th District Court; Judge Marty Lowy, 101st District Court; Judge James Martin, 254th Family District Court; Judge Michael Miller, Probate Court No. 3; Judge Sally Montgomery, County Court at Law No. 3; Justice Mary Murphy, Fifth District Court of Appeals; Michael J. O’Neill, Fifth District Court of Appeals; Judge Tonya Parker, 116th District Court; Judge Jeffrey Rosenfield, County Court of Criminal Appeals No. 2; Judge Brenda Thompson, Probate Court No. 1; Magistrate Judge Renee H. Toliver, United States District Court for the Northern District of Texas; Judge Chris Wilmoth, Probate Court No. 2; Chief Justice Carolyn Wright, Fifth District Court of Appeals.