Explore The NRA Universe Of Websites

Brady Center's Attorneys Withdraw from Case Under Cloud of Ethical Lapses

Saturday, April 18, 2015

Brady Center's Attorneys Withdraw from Case Under Cloud of Ethical Lapses

Earlier this week, the Brady Center's Legal Action Project attorneys Jonathan Lowy and Alla Lefkowitz withdrew from a Wisconsin lawsuit after inadmissible evidence was published on Brady’s website in violation of Wisconsin’s rules of professional conduct concerning trial publicity.

According to an article on the Journal Sentinel's website, Milwaukee County Judge Jeffrey Conen may have given Lowy and Lefkowitz the benefit of the doubt when he said, “I don't how things are practiced in Washington, D.C., or New York or anywhere else, but out here in the Midwest we have certain rules.”  Judge Conen’s reference to Washington, D.C. and New York was likely due to those being the jurisdictions of Lowy’s and Lefkowitz’s bar membership, respectively. 

While it wasn’t unreasonable for Judge Conen to suppose that the Brady attorneys may have been unfamiliar with Wisconsin legal ethics and rules of conduct, all attorneys are charged with understanding ethical rules in the jurisdiction in which they’re licensed. In this case, the Wisconsin rules Lowy and Lefkowitz transgressed mirror similar rules in their own states of licensure, rules with which they are presumably familiar. 

"I don't how things are practiced in Washington, D.C., or New York or anywhere else, but out here in the Midwest we have certain rules." - Milwaukee County Judge Jeffrey Conen

Wisconsin's rule concerning trial publicity in part provides that “[a] lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.”  This rule is identical to the American Bar Association’s model rule of professional conduct on the same topic: Rule 3.6.  To clear up any potential ambiguity, both the Wisconsin rule and the ABA model rule specifically mention publication of inadmissible evidence as a potential grounds for violation of the rules.  Both New York and Washington, D.C. have substantially similar rules concerning trial publicity.

The Brady attorneys’ behavior is typical of a general apathy shared by many anti-gun activists toward legal rules or principles they find objectionable or inconvenient.  In fact, the Wisconsin case that the Brady attorneys withdrew from is an attempt to punish a Federal Firearms Licensee for the criminal acts of a third party, which is exactly the type of case that Congress meant to stop through passage of the Protection of Lawful Commerce in Arms Act ("PLCAA"). 

The PLCAA was itself a response to anti-gun litigators' attempts to get courts to break a centuries old common law tort rule that prevented holding an individual liable for the criminal acts of a third party.  While often portrayed as a special interest immunity to protect the gun industry, the PLCAA did nothing more than ensure even application of this common law rule throughout the United States. This in turn protects firearms dealers, manufacturers and importers, many of which businesses could be forced to close by the mere threat of costly litigation, from frivolous lawsuits brought by unscrupulous anti-gun litigators who put their hatred of guns above their oaths to uphold the law. 

Unfortunately, the withdrawal of Brady’s attorneys does not necessarily signal the end of the suit … or the end of Brady's freewheeling anti-gun tactics.

TRENDING NOW
NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Monday, March 23, 2026

NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Today, the U.S. District Court for the Eastern District of California granted a stipulation for final judgment and permanent injunction in Safari Club International v. Bonta, under which the state conceded that its firearm advertising restriction is unconstitutional ...

DOJ Legal Filing Renews Concerns About ATF’s Posture on Braced Pistols

Friday, March 20, 2026

DOJ Legal Filing Renews Concerns About ATF’s Posture on Braced Pistols

The saga of ATF’s enforcement of the National Firearm Act’s “short barreled rifle” provisions against braced pistols has been a roller coaster ride of shifting interpretations. NRA-ILA has been keeping up with, reporting on, and ...

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

New Jersey: Sherrill Administration Has Yet to Update Permit to Carry Dashboard

Thursday, March 19, 2026

New Jersey: Sherrill Administration Has Yet to Update Permit to Carry Dashboard

After Phil Murphy signed NJ’s Carry Killer bill (A.4769), in a complete rejection of the Supreme Court’s holding in Bruen, the Attorney General’s Office elected to voluntarily release data relating to the number of carry permit applications, including ...

Michigan Red Flag Report Sheds Light on Confiscation Orders in Practice

News  

Monday, March 16, 2026

Michigan Red Flag Report Sheds Light on Confiscation Orders in Practice

This month, Michigan’s judicial branch published the 2025 edition of its annual report on the state’s Extreme Risk Protection Order Act (red flag gun confiscation order statute). 

Kansas: State-Level Suppressor Bill Passes Senate

Friday, March 20, 2026

Kansas: State-Level Suppressor Bill Passes Senate

This week, the Senate passed House Bill 2501, removing suppressors and short barreled firearms from the controlled weapons list at the state level.

Virginia Lawmakers Want to Punish Crime Victims and Exempt Themselves from Gun Control

News  

Monday, March 23, 2026

Virginia Lawmakers Want to Punish Crime Victims and Exempt Themselves from Gun Control

Anti-gun lawmakers in Virginia’s General Assembly recently earned well-deserved scorn by trying to create a special carveout for themselves in one of their numerous gun control bills. 

Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

NRA-ILA Remembers Martial Artist, Cultural Icon, and Patriot Chuck Norris

News  

Monday, March 23, 2026

NRA-ILA Remembers Martial Artist, Cultural Icon, and Patriot Chuck Norris

Friday, March 20, brought the sad news that Chuck Norris, a great American patriot, had died. He was 86 years old.

Colorado: Final House Vote on Slate of Gun Control TODAY!

Friday, March 20, 2026

Colorado: Final House Vote on Slate of Gun Control TODAY!

Today, March 20th, the House will cast the final votes on HB 26-1126, known as the "FFL-Killer" bill; SB 26-004, expanding "red flag" laws; and SB 26-043, increasing regulation of firearm parts.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.