Professional Responsibility: Does the First Amendment Protect Attorney Advice, Assistance, and Representation?
(Papers to be published in Journal of the Professional Lawyer)
This program explores the intersection of First Amendment rights of lawyers and clients when faced with government attempts to limit attorney advice, assistance, and representation. A series of Supreme Court cases, some of them decided very recently, raise significant questions about the constraints on government attempts to limit lawyers in providing advice and legal services to clients. Issues to be explored include: Legal Services Corp. v. Velazquez and legal advice and advocacy as protected speech; how Citizens United intersects with NAACP v. Button; implications of Holder v. Humanitarian Law Project on limiting lawyer's advice in other areas; Milavetz v. United States and issues of forced speech and disclosure requirements in connection with the delivery of legal services; and other First Amendment implications for the practice of law including lawyers' use of social media, advertising, and criticism of the judiciary.
Business Meeting at Program Conclusion.