Contents
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I. Communication with a represented party I. Communication with a represented party
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II. Representing co-conspirators charged with drug possession II. Representing co-conspirators charged with drug possession
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A. Dramatis Personae A. Dramatis Personae
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B. The Thornburgh Memorandum B. The Thornburgh Memorandum
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C. Voir Dire of Lopez C. Voir Dire of Lopez
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D. Judge Patel Deals with the Damage D. Judge Patel Deals with the Damage
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III. The disciplinary hearing III. The disciplinary hearing
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A. The Lopez Case A. The Lopez Case
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B. Additional Complaints B. Additional Complaints
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C. The Penalty Phase C. The Penalty Phase
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D. The Ninth Circuit Modifies the Lopez Decision D. The Ninth Circuit Modifies the Lopez Decision
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E. The Review Department E. The Review Department
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F. The Retrial F. The Retrial
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IV. Conflict of interest in criminal defense IV. Conflict of interest in criminal defense
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Cite
Abstract
The Rules of Professional Conduct unambiguously state that “while representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other lawyer”. The reasons are obvious. Lack of expertise is the very reason clients retain lawyers. This chapter presents a case illustrating the violation of this rule. The case involves José Orlando Lopez, who was arrested on September 26, 1989. Two months later he, Antonio Hernandez Escobedo, and Alfred Tarango Olivas were indicated by Assistant United States (US) Attorney John Lyons before Judge Fern M. Smith in the Northern District of California for distributing fifty kilos of cocaine and two kilos of heroin. Lopez initially retained James Allen Twitty, who sought bail for all three. Then Lopez replaced Twitty with Barry Tarlow, and Olivas (who played a minor role thereafter) retained Harold Rosenthal, leaving Twitty with Escobedo.
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