When we last checked in on the Birther lawsuit Attorney Orly Taitz is pursuing in federal court, Taitz's client, Army Capt. Connie Rhodes, was denouncing Taitz and threatening her with a bar complaint. And the judge had given Taitz until October 2 to explain why he shouldn't fine her $10,000 for repeated frivolous filings.
Now, in a new motion filed Saturday in U.S. district court in Georgia, Taitz "respectfully" requests that she be allowed to withdraw as Rhodes' counsel. (Rhodes, who has deployed to Iraq, already requested that Taitz no longer represent her.)
But here's the twist: Taitz says her motive for seeking to withdraw as counsel is to be able to divulge "privileged attorney-client communications" and to "offer evidence and call witnesses whose testimony will be adverse to her (former) client's most recently stated position in this case."
It's not clear what evidence or witnesses Taitz is referring to.
In light of the judge's threat of sanctions, the case, Taitz says, "is now a quasi-criminal prosecution of the undersigned attorney, for the purpose of punishment."
Read her full motion here.
We suspect that Judge Clay Land of the U.S. District Court for the Middle District of Georgia, who has twice roundly denounced Taitz and Birther ideology, won't be too pleased with her proposal to call witnesses in response to his threat of sanctions. Could another colorful order from Land be in the pipeline?
Late Update: Several readers have written in to accurately observe that the attorney-client privilege survives the termination of the attorney-client relationship. In her "Motion To Withdraw As Counsel," Taitz also mentions her view that "the Court should recognize and acknowledge the essential ethical importance of releasing this counsel from her obligations of confidentiality ..."

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Xantar
September 28, 2009 10:21 AM
Help me out here, lawyers. I'm pretty sure that even after your relationship with your client has ended, divulging information covered by attorney-client is WAY unethical and probably grounds for disbarment.
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SS451
September 28, 2009 11:17 AM in reply to Xantar
Under ordinary circumstances, a lawyer may not divulge a client's confidential information, regardless of whether that client is current or former. However, the ABA Model Rules of Professional Conduct provide that a lawyer can divulge such information "to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of the client."
The California Rules of Professional Conduct for lawyers don't appear to contain a parallel provision, however. I'm not particularly familiar with California rules, so it's possible I'm just looking at the wrong section.
In any event, because the ABA rule applies to both current and former clients, I'm not clear why Taitz believes it necessary to first withdraw as Rhodes' counsel before divulging the information, if it really is relevant to the sanctions leveled against Taitz.
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SkippyFlipjack
September 28, 2009 11:40 AM in reply to SS451
Maybe because she's a crappy attorney?
I like how she notes that she's responding to two filings, one "allegedly" by her now former client. I know her client is in Iraq, but they do have phones and email over there. Can't she get confirmation of whether her client truly fired her? Would you ever want to retain the services of an attorney who couldn't figure out such a basic thing? We know that Taitz is only questioning the veracity of that letter for the sake of the public. I can't believe though that she has the gumption to do the same to a judge.
Can't they just disbar her now, and save a lot of time and trouble?
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The Commenter Formerly Known as NCSteve
September 28, 2009 11:45 AM in reply to SS451
Just to amplify, information protected by attorney client privilege under the Federal Rules of Evidence and the requirement to maintain client confidences under a state's attorney ethics rules are related, but not quite the same thing.
The attorney-client privilege extends to a narrower category of information: information imparted to or given by, an attorney to a client, or by a client to an attorney, in the course of seeking or providing legal advice. It makes that information inadmissible, and usually undiscoverable, at trials or other proceedings governed by the rules of evidence. It must be invoked by the client and may only be waived by the client.
The duty to preserve client confidences under a state bar's ethics rules is much broader. It generally applies to any information imparted by a client to an attorney within the scope of their attorney-client relationship unless circumstances specifically indicate that the client did not intend the information be held in confidence.
However, under both the the states' rules of ethics and their rules (and the federal rules) of evidence, the right to waive confidentiality belongs solely to the client, not the attorney. Terminating the attorney-client relation does not change that. If Orly's former client invokes the attorney-client privilege, whatever protected information Orly thinks she needs to admit is not admissible.
In most states, both the rules of evidence and the ethics allow, and under very limited circumstances sometimes even require, a breach of attorney-client confidentiality by the attorney if necessary to enable the attorney to defend him or herself against a malpractice claim, an ethics complaint or to keep from being complicit in an ongoing or planned crime by the client. However, I am not aware of any rule in any state that allows a breach of client-confidentiality by an attorney facing Rule 11 sanctions. The attorney is responsible for having a good faith basis for believing the facts pled on a client's behalf and "that's what my client told me" isn't a defense if what the client is supposed to have said is inherently incredible.
Orly, however, being both completely incompetent and driven by a misson from God which frees her from the constrants of merely human rules, thinks she can just withdraw as attorney and spill out whatever client confidences she has (or makes up) in order to fulfill her holy mission of saving the world from the Evil Usurper.
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rumpole
September 28, 2009 12:08 PM in reply to The Commenter Formerly Known as NCSteve
A rule 11 claim is in most jurisdictions an ethical violation.
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The Commenter Formerly Known as NCSteve
September 28, 2009 4:26 PM in reply to rumpole
It's likely that most Rule 11 violations involve conduct that a state bar could sanction, but they'd be different proceedings before different tribunals. And I'm not aware of how it's possible for a client's confidences could possibly be exculpatory in such a proceeding unless the argument was "my client was an extremely convincing liar who tricked me into engaging in unprofessional conduct."
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rumpole
September 28, 2009 4:34 PM in reply to The Commenter Formerly Known as NCSteve
I'd think part of the reasonableness of the investigation (tho not all of it) would be based on the client's communication--level of specificity, how much of it checked out, etc.
What's really strange about the motion to me is that the attorney-client privileges would apply whether Rhodes was a present or former client.
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rumpole
September 28, 2009 4:35 PM in reply to The Commenter Formerly Known as NCSteve
BTW, out of curiosity I pulled the cal ethics laws. there's no exception in them for divulging client secrets to defend yourself. That does exist in other jurisdictions, i think.
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rb6
September 28, 2009 1:34 PM in reply to SS451
Yes, this is what I was thinking. In one instance, the client stated that Taitz had never obtained her permission to file a reconsideration, and I am pretty sure Orly could provide whatever information or testimony was available to dispute that contention, if it is relevant to the sanctions inquiry.
From what I read, however, the sanctions are related to the substance of the motion for reconsideration, and not the fact that it was impermissibly filed, and therefore do not depend on the nature of any communications between client and counsel.
But where Orly really seems to need a refresher on the MPRE is that she appears to think that "firing" her client vitiates the privilege. It does not. In any case, divulging privileged information would be a last resort and never more than would be necessary for whatever purpose it is deemed to be acceptable.
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eric the red
September 28, 2009 11:19 AM in reply to Xantar
You are correct. Even after one's representation of a client has ended, one is still precluded from divulging attorney-client communications.
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SkippyFlipjack
September 28, 2009 11:41 AM in reply to eric the red
It makes perfect sense, too. The alternative would be that people would have to sign lawyers to lifetime retainers in order to protect themselves.
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The Commenter Formerly Known as NCSteve
September 28, 2009 11:47 AM in reply to SkippyFlipjack
You say that like you think it would be a bad thing.
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rumpole
September 28, 2009 4:37 PM in reply to The Commenter Formerly Known as NCSteve
LOL.
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sashimi
September 28, 2009 10:47 AM
Is she doing this to save her license by proving that her client is a liar or something?
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mikedrevguy
September 28, 2009 10:51 AM
She already stands a good chance of being disbarred - why not take someone else down with her as she goes.
yeah, but truly, who can believe what she has to say, as she's now spewing forth like a rabid dog.
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robcat2075
September 28, 2009 11:10 AM
It's gotta be some weird performance art going on here. I can imagine Andy Kaufman doing this.
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SkippyFlipjack
September 28, 2009 11:43 AM in reply to robcat2075
I'm convinced that Taitz is actually the brainchild of an improv theater group.
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aarrgghhv2
September 28, 2009 11:15 AM
and around and around she goes ...
"the life cycle of a birther lawsuit"
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Napoleon
September 28, 2009 11:22 AM
Withdrawing from representing a client has no impact on your obligation to honor the attorney client privilege, at least hear in Ohio.
She is really working hard to give her bar association plenty of reasons to disbar her.
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Rich in NJ
September 28, 2009 11:23 AM
I question her sanity.
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Larry Geater
September 28, 2009 11:28 AM in reply to Rich in NJ
I have no questions about her sanity. It does not exist.
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midnight rambler
September 28, 2009 1:10 PM in reply to Larry Geater
But the Census Bureau will be very interested in the date that she left mental stability.
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Lestatdelc
September 28, 2009 1:22 PM in reply to midnight rambler
Heh. Now we know why Bachman is so against the Census. She would have to divulge when she was released.
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Schmed
September 28, 2009 11:23 AM
Curiouser and curiouser. I wonder when we'll see the bottom of this rabbit hole.
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The Old Grouch
September 28, 2009 11:34 AM in reply to Schmed
It's turtles all the way down.
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Doc Magnus
September 28, 2009 3:24 PM in reply to The Old Grouch
Wow, somebody else who knows the "turtle" story, except I'm tempted to say, "Forget it, Mac, it's birthers all the way down!"
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neesy08
September 28, 2009 11:34 AM
After this, I cannot imagine anybody hiring her again
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daveinnc
September 28, 2009 11:51 AM in reply to neesy08
Well maybe she's a good dentist and has gotten into less difficulty with the dental establishment then the legal one. Oh, but wait. I forgot she lies through her teeth. Maybe not.
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Lestatdelc
September 28, 2009 12:23 PM in reply to daveinnc
Nope. Before all this birther nonsense, Taitz was involved in 22 lawsuits in Orange County civil court. Most of the cases involved "accusations of dental and medical malpractice" and breach of contract against her.
http://www.salon.com/news/feature/2009/08/13/orly_taitz/print.html
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AJM
September 28, 2009 1:12 PM in reply to Lestatdelc
If so, someone needs to get this lady committed -- she is a danger to self and others.
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rb6
September 28, 2009 1:37 PM in reply to Lestatdelc
Maybe that's why she went to law school!
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doid
September 29, 2009 8:01 AM in reply to Lestatdelc
The Salon piece doesn't say that there have been malpractice suits against her as a dentist. They say that she's prosecuted and defended malpractice suits - as a lawyer. But she's clearly way out of her depth on the legal issues in the birther cases. Kreep's filings in the CA case look much more competent.
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merlot
September 28, 2009 11:54 AM
#1 - the sanctions Taitz are not "quasi-criminal;" rather, she faces civil sanctions;
#2 - there is nothing in the judge's show-cause order that could warrant the breaking of attorney-client privilege;
#3 - as per usual for Taitz, no law is cited in support of the motion; again Taitz seems oblivious the Federal Rules of Civil Procedure.
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Lestatdelc
September 28, 2009 12:13 PM
What case?!?
The original case regarding Rhodes was dismissed WITH PREJUDICE by the court and was told not re-file anything about this again. She then went to re-file, accusing the court of incompetence and/or conspiracy with the administration and the Judge said, you have until Oct. 2 to explain why I shouldn't fine your ass for violating the order to not re-file on a case that has been dismissed.
So what "case" is she referring to?
The case of her explaining to the judge why she didn't violate the order not to re-file?
Rhodes is not even a party in any case any longer as her case has been dismissed with prejudice.
I am just getting up (west coast time) and already my head hurts from reading this.
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Lestatdelc
September 28, 2009 12:22 PM
Nope. Before all this birther nonsense, Taitz was involved in 22 lawsuits in Orange County civil court. Most of the cases involved "accusations of dental and medical malpractice" and breach of contract against her.
http://www.salon.com/news/feature/2009/08/13/orly_taitz/print.html
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Lestatdelc
September 28, 2009 12:23 PM in reply to Lestatdelc
Crap. That was suppose to be in reply to daveinnc above.
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KilgoreTrout XL
September 28, 2009 1:54 PM
Actually, she hasn't filed the motion yet.
Poor Orly is having trouble with electronic filing- my PACER screen shows that the clerk has kicked it out twice this morning.
(HAHA)
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justadood
September 28, 2009 3:19 PM
After looking over her 'record' on the Salon feature, one can't help but wonder how she managed to obtain Bar Certification...
Perhaps I shouldn't be thinking about that.... yuck
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Jim3K
September 28, 2009 3:46 PM in reply to justadood
She's 'self-taught' having managed somehow to complete an on-line law school course. She would appear to be exhibit A for why those schools should not be certified.
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lousgirl84
September 28, 2009 4:16 PM
My head is exploding reading about this woman!!!! She's obsessed. WTF did Obama do to her that she hates him so much???
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Jim3K
September 28, 2009 6:45 PM in reply to lousgirl84
Unlike her, he was born in the United States. She's just jealous.
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Kuyleh
September 28, 2009 7:12 PM in reply to Jim3K
You forgot that he's black.
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billp
September 28, 2009 7:29 PM
"If you're born in this world, you're given a ticket to the freak show. If you're born in America, you're given a front-row seat." - George Carlin
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