Prof. Ellen Yaroshefsky Testifies About Her Ethics Opinion for Guantanamo War Court Case

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

Captive, Judge Oddly Agree Neither Can Force Lawyer to Go to Guantánamo
By Carol Rosenberg
Miami Herald
Nov. 17, 2017


Yaroshefsky said she didn’t get the clearance but did get a series of facts from Kammen, including the 2013 discovery of listening devices in the prison’s attorney-client meeting rooms and a caution from Baker that he had lost confidence in the confidentiality of attorney-client conversations at Guantánamo.

If the facts presented to her were wrong, Spath asked, might she change her opinion that Kammen was bound to leave the case. Yaroshefsky said those facts were the basis of her opinion, adding that it’s a “fundamental, a bedrock principle” that a lawyer who can’t have confidential conversations with a client “has no choice but to withdraw.”

Ethics rules about confidential communications and the necessity to withdraw are the same in every jurisdiction, she said, including military commissions.

Read the full article on the Miami Herald website.

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