D.C. fires attorney in Heller/Parker Case

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ELB
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D.C. fires attorney in Heller/Parker Case

#1

Post by ELB »

http://extra.examiner.com/linker/?url=h ... ss%5Fmetro

Excerpts:
Acting D.C. Attorney General Peter Nickles has fired the city lawyer who had been preparing to defend the longtime District ban on handguns in the high-stakes Supreme Court case this spring.

...

Alan B. Morrison, who has argued roughly 20 cases before the high court, was asked to leave his post as special counsel by the end of this week, Morrison said today. Morrison had been hired by former Attorney General Linda Singer, who resigned two weeks ago, and put in charge of arguing the handgun case.

...

Singer cited frustration that Mayor Adrian M. Fenty (D) had relied more heavily on Nickles, who had been his general counsel, to make key legal decisions. Upon Singer's resignation, Fenty replaced her with Nickles, a former high-powered corporate litigator at Covington & Burling and friend of Fenty's family.

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Nickles met with Morrison on Dec. 21, but did not tell him that he would be fired, Morrison said. Last week, Nickles asked Deputy Attorney General Eugene A. Adams to inform Morrison of his decision.

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Morrison had taken an active hand, along with a team of lawyers from the city and two private firms, in writing the 15,000-word brief that is scheduled to be filed with the high court on Friday. It is not clear whom Nickles will select to replace Morrison.

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David Vladeck, a professor at Georgetown Law School, said Morrison's departure would be a major blow to the D.C. team that has been preparing the case.

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"In addition to needing a good lawyer and appellate advocate, you need someone who has immersed himself in very complex historical sources. Alan has been doing that for two or three months by now. Whoever takes over this case will start many, many, many laps behind where we ought to be."
http://volokh.com/posts/1199298272.shtml

Excerpts:
Tony Mauro reports on an interesting development in the District of Columbia v. Heller, the pending Second Amendment case before the Supreme Court. Despite his work on the District's primary brief, Alan Morrison has been fired by the city, apparently because he was seen as a "loyalist" of ousted D.C. attorney Linda Singer. Morrison is an excellent lawyer, so I find the District's actions hard to fathom -- but I suppose it's also a bit of bizarre good news for the gun rights side in the case. (Hat tip: How Appealing.)
http://armsandthelaw.com/archives/2008/ ... s_he_1.php

Excerpts:
I don't know quite what to make of it. A guess: the DC Atty General, a friend of the Mayor, wants the argument for himself? That's quite a feather in the cap. A justice on the AZ Supreme Court once told me that Sandy Day O'Connor said Supreme Court argument were on average inferior to those she heard in the AZ Court of Appeals. Reason was that every AG wants to take the argument for himself, and they're politicians, not litigators. In the Court of Apps, she said, she heard underprepared attorneys; in the Supreme Court she heard underprepared politicians, and she'd put her money on the underprepared attorney.

...

I'd bet Morrison is NOT happy. The brief must be filed Friday, which means it's now in final form and at the printer's (Sup. Ct. briefs have to be printed, as in printing press). So they waited until he got the brief written and then popped it on him. But then this is DC, where backstabbing is normal business.
Normally I'd find that subverting the organization's goals in favor of personal grandstanding and organizational politics to be a bad thing, but in this case... I could make an exception. :evil2:

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Re: D.C. fires attorney in Heller/Parker Case

#2

Post by Nazrat »

I wouldn't be surprised to see a motion to extend the deadline for the brief due to the termination. I don't think this firing will dramatically affect the case in the long run as DC was already on shaky grounds.

Thanks for the update.
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Re: D.C. fires attorney in Heller/Parker Case

#3

Post by CleverNickname »

Nazrat wrote:I wouldn't be surprised to see a motion to extend the deadline for the brief due to the termination.
I'd be really surprised to see the SCOTUS actually grant such a motion though.
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Re: D.C. fires attorney in Heller/Parker Case

#4

Post by stevie_d_64 »

This is just terrible!!!

My heart just bleeds purple kool-aid for these poor people...NOT!
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Re: D.C. fires attorney in Heller/Parker Case

#5

Post by Kalrog »

:eek6
:headscratch
I don't get it. I guess politics wins in DC no matter what. I can't imagine that this is GOOD news for the DC case, but I don't know much about the new attorney. I gotta say... :woohoo

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Re: D.C. fires attorney in Heller/Parker Case

#6

Post by USMC-COL »

Now if only our side would hire Morrison as an advisor to the case.
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Re: D.C. fires attorney in Heller/Parker Case

#7

Post by Nazrat »

CleverNickname wrote:
Nazrat wrote:I wouldn't be surprised to see a motion to extend the deadline for the brief due to the termination.
I'd be really surprised to see the SCOTUS actually grant such a motion though.
At the state appellate level and in the 5th Circuit, it is very common to have an extension granted. I do not practice before the US Supreme Court but I would imagine that the pattern holds true. In any case, I don't see this having a dramatic effect on the outcome of the case.

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Re: D.C. fires attorney in Heller/Parker Case

#8

Post by Kalrog »

USMC-COL wrote:Now if only our side would hire Morrison as an advisor to the case.
Now THAT is one heck of an idea. I wonder if Morrison is philosophically invested in the outcome of the case or if he was simply a hired gun for the city. Any non-compete clauses to worry about or anything like that? "rlol"

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Re: D.C. fires attorney in Heller/Parker Case

#9

Post by USMC-COL »

Kalrog wrote:
USMC-COL wrote:Now if only our side would hire Morrison as an advisor to the case.
Now THAT is one heck of an idea. I wonder if Morrison is philosophically invested in the outcome of the case or if he was simply a hired gun for the city. Any non-compete clauses to worry about or anything like that? "rlol"

I think Morrison is philosophically invested in "money". There may be a non-compete clause, but being fired may affect that and would possibly make him more aminable to strike back. As an advisor or background person, he may not compromise a non-compete clause. Just more ramblings.
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Re: D.C. fires attorney in Heller/Parker Case

#10

Post by ELB »

USMC-COL wrote:Now if only our side would hire Morrison as an advisor to the case.
I believe one of the legal eagle sites I read about this on (but didn't reference in my original post) said that Morrison is a "believer." Of course, revenge leads people to do interesting things.

IANALCTPBTSC,NDIPOOTV*, but I think it would very difficult for D.C. to argue for a continuance based on the fact that they created their own problem. Would be hard for them to say they fired Morrison for any performance reason since they are relying on his brief.

My own personal speculation/hope is they've come to the conclusion that they are going to lose anyway, so now its more important to advance the mayor's buddies' and supporters' interests. One of which being the new AG for D.C. will forever get to brag on his resume that he argued before the SCOTUS (leaving out of course, any loss).

elb

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Re: D.C. fires attorney in Heller/Parker Case

#11

Post by seamusTX »

ELB wrote:
USMC-COL wrote:Now if only our side would hire Morrison as an advisor to the case.
I believe one of the legal eagle sites I read about this on (but didn't reference in my original post) said that Morrison is a "believer." Of course, revenge leads people to do interesting things.
A lawyer who works for a client has a confidentiality relationship that lasts for the rest of the lawyer's life. I think "switching sides" in a lawsuit would be a major breach of legal ethics (no jokes about that being an oxymoron, please).

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