Wednesday, March 10, 2021

Attacking A Former Client, In A Litigation Matter RELATED To One's Prior (Even Pro Bono) Representation Of That Same Client... Is IMPERMISSIBLE.


McGuireWoods is (or was) a top flight Am Law 100 firm. So. . . this is more than a little surprising. Lawyers simply cannot "switch sides" in litigation, against a former client.

NPR has put out this noon-time story, relying on statements and documents from ten separate sources. The rules of professional responsibility in all 50 states directly and explicitly prohibit this conduct, if the accounts are accurate. That entire once-venerable firm. . . is in very hot water, says Condor:

. . .Led by a politically connected partner who has friends in common with Pack, the law firm would undertake an investigation of the Open Technology Fund. The Open Technology Fund would not learn of McGuireWoods' role until December, when Pack invoked the law firm's investigation in an attempt to bar the fund from receiving any federal dollars for at least three years.

"I was speechless," says Turner. "I had no idea that they would ever turn around and represent our actual adversary in a lawsuit, after an attorney in their practice had spoken to our board about our strategy and asked me for internal documents to help frame up the theory of our case. . . ."

Over the course of less than five months, McGuireWoods partner John D. Adams and his team earned well over $2 million in taxpayer money for work typically done by government employees, according to law firm billing records and exchanges between U.S. Agency for Global Media staffers reviewed by NPR. . . .


Understand that the goal here -- by Team Tangerine -- was to get dirt on the charitable people helping TikTok and WeChat resist 45's unlawful and un-American banning order(s). This is going to be a messy one. Stay tuned -- lots more to come, for certain.

Condor predicts that there are likely to be disbarments, of partner level lawyers in DC over this, at McGuireWoods. Wow.

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