A lawyer facing criminal charges for advising 10 nurses they could quit their jobs gave "objectively reasonable" advice and cannot be prosecuted, a New York appeals panel has unanimously ruled. "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.
Lawyer Cannot Be Prosecuted for Giving Advice, Panel Finds
New York Law Journal
January 20, 2009