Free Response - District Court of Connecticut - Connecticut

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· Q ` Case 3:03-cv-OO60@FiU Document 48 Filed 1 1/OZ/2003 Page 1 of 3 I
UNITED STATES DISTRICT COURT I I__
- DISTRICT OF CONNECTICUT I
D I I
ROBERT L. BROCKWAY, IR. ; will NUI " I ID I? 2** I
‘I I _ . ,_ .,. __.T V,.
I : CIVIL ?,;'I;-¢,·iI
Plaintiff ; 3:03CV0060BIBSRIU)I)I-I r< I Iaa» ?
. I I : I
’ YALE UNIVERSITY; JEROME N. FRANK :. I
LEGAL SERVICES ORGANIZATION OF
= I I YALE LAW SCHOOL; RICHARD C. LEVIN, :
. I President ofthe Universit , Official Capacit ;
I I Y Y
‘ I I ROBERT A. SOLOMON, Director of JEROME N. :
I FRANK LEGAL SERVICES ORGANIZATION
I I OF YALE LAW SCHOOL, I/O; ANTHONY T. :
I KRONMAN, Dean of Yale Law School, I/O;
I I CARROLL LEE LUCHT; Law Professor, :
I and Attorney at Law, I/O; STEPHEN WIZNER,
. Law Professor, and Attorney at Law, I/O. : ‘
I Defendant(s) NOVEMBER 5, 2003
I
I I MEMORANDUM OF LAWS IN SUPPORT OF
I I [LAINTIFFS ANSWER TO DEFENI)ANTS’ MOTION TO DISMISS
I The plaintiff respectfully submits this Memorandum of Laws in Answer
I I
I to Defendants’ Motion to Dismiss. All of these Laws are within the Connecticut Rules
l I I
of Court (1999):
I Rule 1.7 Conflict of Interest. General Rule: "(b) A lawyer Shall not represent a client
I if the representation of that client may be materially limited by the 1awyer’s I
_ I responsibilities to another client or to a third person, or by the lawyer’s own interests. . "
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I I
I I
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_ I Rule 1.9 Conflict of Interest. Former Client: "A lawyer who has formerly
I I
I represented a client in a matter shall not thereafter; (1) Represent another person in the
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Y I I i Case 3:03-cv-OO60€i§FiU Document 48 Filed 11/O@OO3 Page 2 of 3
same or a substantially related matter in which that person’s interests are materially i
adverse to the interests of the former client unless the former client consents after
consultation: or . . . I
(2) Use information relating to the representation to the disadvantage of the former client I
? . except as Rule 1.6 would permit with respect to a client or when the information has I
j become generally known." _
The record shows that the defendants began by representing the
i plaintiff During discovery the defendants failed to intervene while defendant Larry I
_ I Davidson committed perjury with their knowledge. Defendants withdrew from plaintiff" s
I case amid a cloud of misrepresentation. During plaintiff s Appeal defendants,
· . presumably representing Jerome N. Frank Legal Services Organization, Yale Law
School, and Yale University submitted a legal document adverse to the interests of the
‘ i plaintiff
Rule 1.6 Confidentiality of Information: “(c) A lawyer may reveal such information
I Z to the extent the lawyer reasonably believes necessary to: (2) Rectify the consequence of
` a client’s criminal or fraudulent act in the commission of which the lawyer’s services had
been used.” L
- “Generally speaking information relating to the representation must be kept confidential,
Z Q as stated in subsection (a). However, when the client is or will be engaged in criminal
i conduct, where the client has used the lawyer to perpetuate a fraud, or the integrity ofthe
I i lawyer’s own conduct is involved, the principle of confidentiality may have to yield,
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depending on the lawyer’s knowledge about and relationship tothe conduct in question,
and the seriousness of that conduct.°’
O i RESPEC'I'FULLY SUBMITTED,
5 Q Q A4__%¤...-2-; , l
= ; Ro ert L. Brockway, Ir. _ r Q
Q - 28 Boston Terrace
Q Guilford, Connecticut 06437
_ _ (203) 214-0202
I · BROCKWAY V. YALE UNIVERSITY, ET AL
= _ USDC, BRIDGEPORT CIVIL ACTION NO.3:03CV00609 (SRU) i
Q l CERTIFICATION N
; This is to certify that the foregoing MEMORANDUM OF LAWS IN ANSWER
¤ TO DEFENDANTS’ MOTION TO DISMISS has been served postage prepaid on
i November 5, 2003 to the law office of PATRICK M. NOONAN and BROCK T. DUBIN
of DELANEY, ZEMETIS, DONAHUE, DURHAM & NOONAN, P.C., Concept Park-
: I Suite 306, 741 Boston Post Road, Guilford, CT 06437.
6 I ..., . x
Q : .4é.r A
e C Robert L. Brockway, Jr. ‘
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