Thread by @clarkkathleen

Thread on @RudyGiuliani's apparent violation of legal ethics standards

A few days ago, @ianbassin & Deana El-Mallawany wrote that Rudy Giuliani's public advocacy on behalf of Trump has violated at least 2 legal ethics rules: bit.ly/2osSnVH

Giuliani's mendacity on TV allegedly violates Rule 4.1 (prohibiting a lawyer from knowingly making a false statement of fact)

& his "intentional campaign to smear and delegitimize" the Mueller investigation allegedly violates Rule 8.4 (prohibiting "conduct that is prejudicial to the administration of justice").

Now we can add a 3rd rule that Giuliani appears to have violated, based on news reports about his attempt to influence the government of Romania.

On August 22, Giuliani wrote to the President of Romania, complaining about that country's anti-corruption efforts and its allegedly "unfair judicial processes."
bit.ly/2NtpByZ

Giuliani's letter argued that "amnesty should be given to those … convicted through the excesses" of the anti-corruption efforts, but didn't identify who specifically should receive amnesty.

The letter was on "Giuliani Partners" letterhead, and the signature line stated "Rudolph W. Giuliani, Esq.," suggesting that Giuliani wrote it in his capacity as a lawyer.

On its face, it's unclear whether the letter is simply an expression of Giuliani's personal beliefs or is instead (paid) advocacy on behalf of a client.

According to the NYTimes, Giuliani wrote the letter at the behest of former FBI Director Louis Freeh's security company, and that company is working for a Romanian businessman who was sentenced to 7 years in prison last year.
nyti.ms/2PjTkuS

But none of that is apparent from Giuliani's letter itself.

New York legal ethics Rule 3.9 imposes a disclosure obligation on a lawyer who is "communicating in a representative capacity" with an administrative body in a "non-adjudicative matter."

The lawyer "shall disclose that the appearance is in a representative capacity."
But Rudy Giuliani's letter to the Romanian president does not appear to meet that requirement.

So we can add Rule 3.9 to the list of legal ethics rules that Rudy Giuliani appears to have violated.