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Expert Analysis

A Cautionary Tale For Law Firms Engaging With Prosecutors

By Matthew Kahn (August 30, 2017, 2:12 PM EDT) -- On June 5, 2017, the First District Court of Appeal held that a law firm representing a company whose former employee was being prosecuted for embezzlement was not a member of the prosecution team.[1] Overruling the trial court, the court reasoned that the law firm acted on behalf of its own client rather than at the direction of the district attorney's office.[2] Consequently, the court held that the law firm was not subject to Brady disclosure obligations, meaning that the government was not required to search for potentially defendant-friendly documents and materials within the law firm's files.[3]...

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