NACDL - Witherow v. Skolnik

Witherow v. Skolnik

Brief of Amici Curiae Prison Law Office, American Civil Liberties Union, ACLU of Nevada, Ethics Bureau at Yale, National Association of Criminal Defense Lawyers, and National Juvenile Defender Center in Support of Plaintiff-Appellant and in Support of Reversal.

Witherow v. Skolnik

Brief Details

Case No.: 18-17233
Brief Filed: October 25, 2019
Jurisdiction: 9th Circuit Court of Appeals

Key Topics in the Brief

First Amendment | Attorney-Client Relationship | Attorney-Client Privilege | Ethical Duty of Confidentiality | Competent and Diligent Representation | Attorney Duty to Communicate and Inform Client | Confidential Legal Calls | Eavesdropping | Rules of Professional Responsibility

Briefs

Witherow-v-Skolnik-Brief.pdf

Argument(s)

Nevada Department of Correction (NDOC) staff’s acts of listening to confidential legal calls burden attorneys’ First Amendment Rights. NDOC staff’s practice of listening to legal calls impairs attorneys’ duty to communicate and keep clients reasonably informed. NDOC staff’s actions prevent attorneys from complying with their ethical duty of confidentiality. NDOC staff’s actions prevent attorneys from complying with their ethical duties of competent and diligent representation.