Documents Inadvertently Sent: Claw It Back. Shaming Lawyers For The Clients They Accept or Reject

Alex Jones’s law firm reportedly sent opposing counsel years of Jones’s text messages and they were used to cross-examine him. Could the firm have mitigated the harm through what has come to be known as claw back? Are Jones’s lawyers now exposed to discipline or damages? Famed appellate lawyer Paul Clement left Kirkland when the firm decided to stop advocating for Second Amendment rights. Clement had just one a big Second Amendment case in the Supreme Court. On the flip side, lawyers are sometimes shamed because of the clients they do represent. Who’s right here? No one did anything unethical. But can lawyers be criticized for the clients they accept or reject? Stephen Gillers is the Elihu Root Professor of Law and Barbara Gillers is an Adjunct Professor of Law, both at New York University School of Law.