Justia Legal Ethics Opinion Summaries

After his state conviction for murder was overturned, the plaintiff brought federal claims against state officials and prosecutors and malpractice claims against his own lawyers. He stipulated to dismissal of claims against officials; the district court entered summary judgment, rejecting the malpractice claims. The Seventh Circuit affirmed, holding that the plaintiff failed to establish proximate cause, as a matter of law. A report by plaintiff's expert did not establish that the attorneys' performance during voir dire caused the guilty verdict.

The district court dismissed indictment of a criminal defense attorney and co-conspirators under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1962(c). The underlying criminal enterprises included murder of witnesses in drug cases, bribery of a witness, using the law office to sell cocaine and operate a prostitution business, wire fraud relating to real estate sales, and helping evade parole restrictions. The indictment adequately alleged facts to establish all sub-elements required to establish both a pattern of racketeering activity and an enterprise, as well as all of the other elements of a RICO offense. On a motion to dismiss, the court was required to accept the allegations as true. The government was not required to show a pattern of similar acts or that the enterprise had a "traditional" structure.