Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author :
Publisher : American Bar Association
Total Pages : 216
Release :
ISBN-10 : 1590318730
ISBN-13 : 9781590318737
Rating : 4/5 (30 Downloads)

Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Federal Grand Jury Secrecy: Legal Principles and Implications for Congressional Oversight

Federal Grand Jury Secrecy: Legal Principles and Implications for Congressional Oversight
Author :
Publisher : Independently Published
Total Pages : 54
Release :
ISBN-10 : 1794510451
ISBN-13 : 9781794510456
Rating : 4/5 (51 Downloads)

Synopsis Federal Grand Jury Secrecy: Legal Principles and Implications for Congressional Oversight by : Congressional Research Service

Traditionally, the grand jury has conducted its work in secret. Secrecy prevents those under scrutiny from fleeing or importuning the grand jurors, encourages full disclosure by witnesses, and protects the innocent from unwarranted prosecution, among other things. The long-established rule of grand jury secrecy is enshrined in Federal Rule of Criminal Procedure 6(e), which provides that government attorneys and the jurors themselves, among others, ﷿must not disclose a matter occurring before the grand jury.﷿Accordingly, as a general matter, persons and entities external to the grand jury process are precluded from obtaining transcripts of grand jury testimony or other documents or information that would reveal what took place in the proceedings, even if the grand jury has concluded its work and even if the information is sought pursuant to otherwise-valid legal processes. At times, the rule of grand jury secrecy has come into tension with Congress' power of inquiry when an arm of the legislative branch has sought protected materials pursuant to its oversight function. For instance, some courts have determined that the information barrier established in Rule 6(e) extends to congressional inquiries, observing that the Rule contains no reservations for congressional access to grand jury materials that would otherwise remain secret. Nevertheless, the rule of grand jury secrecy is subject to a number of exceptions, both codified and judicially crafted, that permit grand jury information to be disclosed in certain circumstances (usually only with prior judicial authorization). Perhaps the most significant of these for congressional purposes are (1) the exception that allows a court to authorize disclosure of grand jury matters ﷿preliminarily to or in connection with a judicial proceeding,﷿ and (2) the exception, recognized by a few courts, that allows a court to authorize disclosure of grand jury matters in special or exceptional circumstances. In turn, some courts have determined that one or both of these exceptions applies to congressional requests for grand jury materials in the context of impeachment proceedings, though there is authority to the contrary. Additionally, because Rule 6(e) covers only ﷿matters occurring before the grand jury, courts have recognized that documents and information are not independently insulated from disclosure merely because they happen to have been presented to, or considered by, a grand jury. As such, even if Rule 6(e) generally limits congressional access to grand jury information, Congress has a number of tools at its disposal to seek materials connected to a grand jury investigation. Prior Congresses have considered legislation that would have expressly permitted a court to authorize disclosure of grand jury matters to congressional committees on a showing of substantial need. However, in response to such proposals, the executive branch has voiced concerns that the legislation would raise due-process and separation-of-powers issues and potentially undermine the proper functioning of federal grand juries. These concerns may have resulted in Congress declining to alter Rule 6(e). As a result, to the extent Rule 6(e) constrains Congress' ability to conduct oversight, legislation seeking to amend the rules governing grand jury secrecy in a way that would give Congress independent access to grand jury materials may raise additional legal and pragmatic issues for the legislative branch to consider.

In Re Feldman

In Re Feldman
Author :
Publisher :
Total Pages : 64
Release :
ISBN-10 : UILAW:0000000068745
ISBN-13 :
Rating : 4/5 (45 Downloads)

Synopsis In Re Feldman by :

In Re Marrinson

In Re Marrinson
Author :
Publisher :
Total Pages : 160
Release :
ISBN-10 : UILAW:0000000069458
ISBN-13 :
Rating : 4/5 (58 Downloads)

Synopsis In Re Marrinson by :

United States Attorneys' Manual

United States Attorneys' Manual
Author :
Publisher :
Total Pages : 720
Release :
ISBN-10 : IND:30000089174308
ISBN-13 :
Rating : 4/5 (08 Downloads)

Synopsis United States Attorneys' Manual by : United States. Department of Justice

United States Code Annotated

United States Code Annotated
Author :
Publisher :
Total Pages : 730
Release :
ISBN-10 : UOM:35112203732179
ISBN-13 :
Rating : 4/5 (79 Downloads)

Synopsis United States Code Annotated by : United States

Comprises all laws of a general and permenent nature under arrangement of the official Code of laws of the United States, with annotations from Federal and State courts.

Overview of the Privacy Act of 1974

Overview of the Privacy Act of 1974
Author :
Publisher :
Total Pages : 276
Release :
ISBN-10 : UOM:39015085907619
ISBN-13 :
Rating : 4/5 (19 Downloads)

Synopsis Overview of the Privacy Act of 1974 by : United States. Department of Justice. Privacy and Civil Liberties Office

The "Overview of the Privacy Act of 1974," prepared by the Department of Justice's Office of Privacy and Civil Liberties (OPCL), is a discussion of the Privacy Act's disclosure prohibition, its access and amendment provisions, and its agency recordkeeping requirements. Tracking the provisions of the Act itself, the Overview provides reference to, and legal analysis of, court decisions interpreting the Act's provisions.