Prosecutors and Literary or Media Deals; Conflicts of Interest Hiding in Plain Sight 32 Crim. Just. 41 (Fall 2017)

9 Pages Posted: 26 Dec 2017

See all articles by Peter A. Joy

Peter A. Joy

Washington University in St. Louis - School of Law

Kevin C. McMunigal

Case Western Reserve University School of Law

Date Written: October 20, 2017

Abstract

Legal ethics disciplinary authorities and courts continue to admonish prosecutors for entering into literary or media deals related to pending cases. Why do some prosecutors fail to recognize these types of conflicts of interest? We analyze the applicable ethics rules and the reasons for rules. We explore why a prosecutor may not recognize such a conflict of interest. We also discuss how courts and ethics authorities address allegations of a prosecutor's conflict of interest for entering into a literary or media deal on a pending case. We conclude with some recommendations aimed at providing more guidance on the issue of entering into literary or media deals while representing a client.

Keywords: legal ethics, professional responsibility, conflict of interest, criminal law, literary deal, media deal, prosecutor

JEL Classification: K14, K19, K39, K41, K42

Suggested Citation

Joy, Peter A. and McMunigal, Kevin C., Prosecutors and Literary or Media Deals; Conflicts of Interest Hiding in Plain Sight 32 Crim. Just. 41 (Fall 2017) (October 20, 2017). Washington University in St. Louis Legal Studies Research Paper No. 17-12-02. Available at SSRN: https://ssrn.com/abstract=3091225 or http://dx.doi.org/10.2139/ssrn.3091225

Peter A. Joy (Contact Author)

Washington University in St. Louis - School of Law ( email )

Campus Box 1120
St. Louis, MO 63130
United States
313-935-6445 (Phone)

Kevin C. McMunigal

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
United States
2163683613 (Phone)
2163682086 (Fax)

Register to save articles to
your library

Register

Paper statistics

Downloads
16
Abstract Views
236
PlumX Metrics