Faculty

Prof. Ellen Yaroshefsky’s Ethics Opinion in Gitmo War Court Case Mentioned in Forbes, Ongoing Miami Herald Stories, and Other Media

Official photo of Hofstra Law faculty member Ellen Yaroshefsky, the Howard Lichtenstein Distinguished Professor of Legal Ethics and Executive Director of the Monroe H. Freedman Institute for the Study of Legal Ethics

Semper Fidelis: Guantanamo and the Ethical Dilemma of Gen. John Baker
By Michael I. Krauss, Contributor
Forbes
Nov. 2, 2017

Excerpt:
As Professor Yaroshevsky concluded in her ethics opinion to Mr. Kammen, it is impossible to provide effective assistance of counsel without confidentiality. Rule 1.16(a)(1) of the Model Rules of Professional Responsibility requires that an attorney withdraw if his representation will result in a violation of his ethical duties (which include the duties of diligence, of competent representation, and of thorough communication with the client).

Read the full article on the Forbes website.


USS Cole’s Deck Was Scene of ‘Chaos, Panic’ After Al-Qaida’s Bombing
By Carol Rosenberg
Miami Herald
Nov. 8, 2017

Excerpt:
Spath set aside Monday for testimony from Hofstra Law School ethicist Ellen Yaroshefsky, who advised Nashiri’s defenders to quit over the classified attorney-client confidentiality issue, which she did not know in detail.

Read the full article on the Miami Herald website.


USS Cole Prosecutors Want No-Show Civilian Attorneys Found In Contempt of War Court
By Carol Rosenberg
Miami Herald
Oct. 30, 2017

Excerpt:
In an Oct. 24 filing, Baker advised Spath that he released the trio after “a thorough review of the relevant facts, both classified and unclassified, and the legal parameters of my supervisory authority,” that considered advice from “a prominent legal ethicist, Professor Ellen Yaroshefsky.”

Read the full article on the Miami Herald website.


Civilian Lawyers Defy Judge’s Order to Travel to Guantánamo for War Court Showdown
By Carol Rosenberg
Miami Herald
Oct. 29, 2017

Excerpt:
In an Oct. 24 filing, Baker advised Spath that he released the trio after “a thorough review of the relevant facts, both classified and unclassified, and the legal parameters of my supervisory authority,” that considered advice from “a prominent legal ethicist, Professor Ellen Yaroshefsky.”

Read the full article on the Miami Herald website.


Meltdown at GTMO: Government Spying and Locking Up a Marine General
By Patricia Stottlemyer
Human Rights First Blog
Nov. 3, 2017

Excerpt:
On Thursday in a D.C. District Court hearing, attorney Michel Paradis said he had seen the underlying evidence of the misconduct, and called it “shocking.” Paradis told a federal judge that General Baker had no doubts about whether the civilian counsel must be excused. Independent legal expert Ellen Yaroshefsky agreed that the circumstances of this case defied ethics rules designed to ensure zealous and fair representation. The specter of eavesdropping is just one symptom of the dysfunction at Guantanamo.

Read the full article on the Human Rights First website.


Suit: Military Defense Counsel Detained for Excusing Attorney Kammen
By Marilyn Odendahl
The Indiana Lawyer
Nov. 2, 2017

Excerpt:
In September, Spath concluded al-Nashiri had no right to confidentiality when talking to his attorneys, with the exception that his communications would not be used against him in the military commission proceedings at Guantanamo Bay.

After consulting with Hofstra University School of Law professor Ellen Yaroshefsky on the ethical issue, Kammen and his team withdrew from the case. They said they were ethically bound to stop their representation.

Read the full article on the Indiana Lawyer website.

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