Children's Rights Gets Away With It

Why is it Children's Rights can market it's own case where matters are currently pending before the court using the emotional issue of children in foster care and are allowed to get away with it?



Someone correct me, please, but I thought this type of activity was frowned upon to the point it is prohibited from the legal profession.

New York Lawyer's Code of Professional Responsibility

CANON 7. A Lawyer Should Represent a Client Zealously Within the Bounds of the Law

ETHICAL CONSIDERATIONS

DISCIPLINARY RULES

DR 7-107 [1200.38] Trial Publicity.

A. A lawyer participating in or associated with a criminal or civil matter, or associated in a law firm or government agency with a lawyer participating in or associated with a criminal or civil matter, shall not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if the lawyer knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding in that matter. Notwithstanding the foregoing, a lawyer may make a statement that a reasonable lawyer would believe is required to protect a client from the substantial prejudicial effect of recent publicity not initiated by the lawyer or the lawyer�s client. A statement so made shall be limited to such information as is necessary to mitigate the recent adverse publicity.

B. A statement ordinarily is likely to prejudice materially an adjudicative proceeding when it refers to a civil matter triable to a jury, a criminal matter, or any other proceeding that could result in incarceration, and the statement relates to:

1. The character, credibility, reputation or criminal record of a party, suspect in a criminal investigation or witness, or the identity of a witness, or the expected testimony of a party or witness.

2. In a criminal case or proceeding that could result in incarceration, the possibility of a plea of guilty to the offense or the existence or contents of any confession, admission, or statement given by a defendant or suspect or that person's refusal or failure to make a statement.

3. The performance or results of any examination or test or the refusal or failure of a person to submit to an examination or test, or the identity or nature of physical evidence expected to be presented.

4. Any opinion as to the guilt or innocence of a defendant or suspect in a criminal case or proceeding that could result in incarceration.

5. Information the lawyer knows or reasonably should know is likely to be inadmissible as evidence in a trial and would if disclosed create a substantial risk of prejudicing an impartial trial.

6. The fact that a defendant has been charged with a crime, unless there is included therein a statement explaining that the charge is merely an accusation and that the defendant is presumed innocent until and unless proven guilty.

C. Provided that the statement complies with DR 7-107 [1200.38] (A), a lawyer involved with the investigation or litigation of a matter may state the following without elaboration:

1. The general nature of the claim or defense.

2. The information contained in a public record.

3. That an investigation of the matter is in progress.

4. The scheduling or result of any step in litigation.

5. A request for assistance in obtaining evidence and information necessary thereto.

6. A warning of danger concerning the behavior of a person involved, when there is reason to believe that there exists the likelihood of substantial harm to an individual or to the public interest.

7. In a criminal case:

a. The identity, age, residence, occupation and family status of the accused.

b. If the accused has not been apprehended, information necessary to aid in apprehension of that person.

c. The fact, time and place of arrest, resistance, pursuit, use of weapons, and a description of physical evidence seized, other than as contained only in a confession, admission, or statement.

d. The identity of investigating and arresting officers or agencies and the length of the investigation.

DR 7-108 [1200.39] Communication with or Investigation of Jurors.

A. Before the trial of a case a lawyer connected therewith shall not communicate with or cause another to communicate with anyone the lawyer knows to be a member of the venire from which the jury will be selected for the trial of the case.

B. During the trial of a case:

1. A lawyer connected therewith shall not communicate with or cause another to communicate with any member of the jury.

2. A lawyer who is not connected therewith shall not communicate with or cause another to communicate with a juror concerning the case.

C. DR 7- 108 [1200.39] (A) and (B) do not prohibit a lawyer from communicating with members of the venire or jurors in the course of official proceedings.

D. After discharge of the jury from further consideration of a case with which the lawyer was connected, the lawyer shall not ask questions of or make comments to a member of that jury that are calculated merely to harass or embarrass the juror or to influence the juror's actions in future jury service.

E. A lawyer shall not conduct or cause, by financial support or otherwise, another to conduct a vexatious or harassing investigation of either a member of the venire or a juror.

F. All restrictions imposed by DR 7-108 [1200.39] upon a lawyer also apply to communications with or investigations of members of a family of a member of the venire or a juror.

G. A lawyer shall reveal promptly to the court improper conduct by a member of the venire or a juror, or by another toward a member of the venire or a juror or a member of his or her family of which the lawyer has knowledge.

DR 7-109 [1200.40] Contact with Witnesses.

A. A lawyer shall not suppress any evidence that the lawyer or the client has a legal obligation to reveal or produce.

B. A lawyer shall not advise or cause a person to hide or to leave the jurisdiction of a tribunal for the purpose of making the person unavailable as a witness therein.

C. A lawyer shall not pay, offer to pay, or acquiesce in the payment of compensation to a witness contingent upon the content of his or her testimony or the outcome of the case. But a lawyer may advance, guarantee, or acquiesce in the payment of:

1. Expenses reasonably incurred by a witness in attending or testifying.

2. Reasonable compensation to a witness for the loss of time in attending, testifying, preparing to testify or otherwise assisting counsel.

3. A reasonable fee for the professional services of an expert witness.

DR 7-110 [1200.41] Contact with Officials.

A. A lawyer shall not give or lend anything of value to a judge, official, or employee of a tribunal except as permitted by the Code of Judicial Conduct, but a lawyer may make a contribution to the campaign fund of a candidate for judicial office in conformity with the Code of Judicial Conduct.

B. In an adversary proceeding, a lawyer shall not communicate, or cause another to communicate, as to the merits of the cause with a judge or an official before whom the proceeding is pending, except:

1. In the course of official proceedings in the cause.

2. In writing if the lawyer promptly delivers a copy of the writing to opposing counsel or to an adverse party who is not represented by a lawyer.

3. Orally upon adequate notice to opposing counsel or to an adverse party who is not represented by a lawyer.

4. As otherwise authorized by law, or by the Code of Judicial Conduct.

DR 7-111 [1200.41-a] Communication After Incidents Involving Personal Injury or Wrongful Death.

A. In the event of an incident involving potential claims for personal injury or wrongful death, no unsolicited communication shall be made to an individual injured in the incident or to a family member or legal representative of such an individual, by a lawyer or law firm, or by any associate, agent, employee or other representative of a lawyer or law firm, seeking to represent the injured individual or legal representative thereof in potential litigation or in a proceeding arising out of the incident before the 30th day after the date of the incident, unless a filing must be made within 30 days of the incident as a legal prerequisite to the particular claim, in which case no unsolicited communication shall be made before the 15th day after the date of the incident.

B. This provision limiting contact with an injured individual or the legal representative theoreof applies as well to lawyers or law firms or any associate, agent, employee or other representative of a lawyer or law firm who represent actual or potential defendants or entities that may defend and/or indemnify said defendants.

Is not foster care a political issues?  Michele Bachmann even used it to reinforce her political campaign.

PLAYING ON EMOTIONS:  FOCUS ON POLITICAL ADS  FEATURING CHILDREN

Cases involving children are filed under seal for a reason. That reason is to protect the privacy of children.  Is not Children's Rights creating a public perception for all children who are in and those who have been in foster care?
Children's Online Privacy Protection Act of 1998

So, why is it Children's Rights can get away with using children for profit, $6.2 million in Michigan...so far?


Childrens Rights Attorney Fees