Holy cow. How did this case miss the blogosphere's attention?
A lawyer facing criminal charges for advising 10 nurses they could quit their jobs at a Long Island, N.Y., nursing facility gave "objectively reasonable" advice and cannot be prosecuted, a Brooklyn appeals panel has ruled.
In a unanimous decision, the Appellate Division, 2nd Department, ruled that District Attorney Thomas J. Spota of Suffolk County must halt his prosecution of attorney Felix Vinluan and his clients.
"We cannot conclude that an attorney who advises a client to take an action that he or she, in good faith, believes to be legal, loses the protection of the First Amendment if his or her advice is later determined to be incorrect," Justice Randall T. Eng wrote for the panel in , 08-02568.
"Indeed, it would eviscerate the right to give and receive legal counsel with respect to potential criminal liability if an attorney could be charged with conspiracy and solicitation whenever a District Attorney disagreed with that advice," the panel said.
Fortunately, the indictment against the lawyer was dismissed. Will the New York State Bar take action against Thomas J. Spota for filing a frivolous criminal case against Felix Vinluan? Or will District Attorney Spota keep his license so that he may terrorize other innocent men and women?
