In trying to make sense of Duke's recently denied motion to sanction opposing counsel in the lacrosse case lawsuits for an alleged violation of North Carolina Rule of Professional Conduct 3.6, my advice is the same as that I gave for evaluating former Durham district attorney Mike Nifong's conduct: read the rule. It is available at www.ncbar.com/rules/rpcsearch.asp Rule 3.6, together with the accompanying comments specifically permitting attorneys to describe information contained in public records such as the complaint. Rule 3.6 only applies to lawyers and not the parties themselves. Finally, note the different standards and the reasons for them for criminal and civil actions. The material posted at www.dukelawsuit.com appears carefully measured to remain within these limits and the judge had no problem finding the motion without merit. The administration's motion explicitly conceded these points. As it makes clear, the administration's true displeasure is with the allegations made in the complaint itself. The administration should therefore be looking forward to the opportunity to answer these allegations at trial.
Filing frivolous bar complaints against opposing counsel is unprofessional and the province of attorneys who allow their frustration to overcome their better judgment. It usually happens at the end of a case not the beginning. That the administration hired an attorney whose principle skill set is political infighting, not federal civil rights litigation, and chose this publicity stunt to be the keynote for its defense is truly telling about how it intends to respond to the allegations against it.
Jason Trumpbour
Trinity '89, Graduate '91, Law '91
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