Court “Outraged” after Lawyer Eavesdrops on Privileged Conversations

A former Indiana prosecutor surreptitiously listened to not one—but two—conversations between criminal defendants and their attorneys.  Despite self-reporting and claiming lack of prejudice, the Indiana Supreme Court determined the prosecutor’s misconduct violated PR Rules 4.4(a) (violating third-person’s rights) and 8.4(d) (conduct prejudicial to the administration of justice), and imposed a four-year suspension “without automatic reinstatement.”  In the Matter of: Robert Neary, 2017 WL 5082686 (Ind. Nov. 6, 2017).  You may read the opinion here.

Listening from the War Room

Defense attorney David Payne arrived at the police station to interview his client, Brian Taylor, who faced a murder charge, and detectives escorted them to a room.  The room contained video- and audio-recording capabilities, so detectives told Payne to disengage the “toggle switch” “unless you want us listening to your conversation.” More…