Sanctioning (Government) Lawyers

Litigation and Professional Responsibilities & Legal Education Practice Groups Teleforum

On May 19, 2016, the United States District Court for the Southern District of Texas entered a Memorandum Opinion and Order in which it found that lawyers from the United States Department of Justice violated their duty of candor in the course of their representation and imposed sanctions. The court initially required additional ethics training for all Justice Department attorneys practicing in 26 states for a period of five years. The Court concluded, in part, that “the Justice Department lawyers knew the true facts and misrepresented those facts to the citizens of the 26 Plaintiff States, their lawyers and this Court on multiple occasions.” The Justice Department acknowledged that its attorneys made mistakes and misrepresentations to the court and opposing counsel, but contended that none were intentional, and agreed to some limited sanctions. Since then, the court has stayed its order.

What are the limits, if any, to Court sanctions for attorney conduct? Here to discuss these issues are Thomas H. Dupree Jr., who formerly served in the Department of Justice, and Richard Painter, whose experience includes service in the White House Counsel’s Office.

Featuring:

• Mr. Thomas H. Dupree, Jr., Partner, Gibson Dunn
• Prof. Richard W. Painter, S. Walter Richey Professor of Corporate Law, University of Minnesota Law School

On May 19, 2016, the United States District Court for the Southern District of Texas entered a Memorandum Opinion and Order in which it found that lawyers from the United States Department of Justice violated their duty of candor in the course of their representation and imposed sanctions. The court initially required additional ethics training for all Justice Department attorneys practicing in 26 states for a period of five years. The Court concluded, in part, that “the Justice Department lawyers knew the true facts and misrepresented those facts to the citizens of the 26 Plaintiff States, their lawyers and this Court on multiple occasions.” The Justice Department acknowledged that its attorneys made mistakes and misrepresentations to the court and opposing counsel, but contended that none were intentional, and agreed to some limited sanctions. Since then, the court has stayed its order.

What are the limits, if any, to Court sanctions for attorney conduct? Here to discuss these issues are Thomas H. Dupree Jr., who formerly served in the Department of Justice, and Richard Painter, whose experience includes service in the White House Counsel’s Office.

Featuring:

• Mr. Thomas H. Dupree, Jr., Partner, Gibson Dunn
• Prof. Richard W. Painter, S. Walter Richey Professor of Corporate Law, University of Minnesota Law School

Call begins at 2:00 p.m. Eastern Time.

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