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Thursday, October 14, 2004

Law - Top law firm agrees to aid City of New York against gun makers

An April 17, 2004 Indiana Law Blog entry reported: "Top law firm withdraws from NY City gun industry suit." According to the NY Times story at the time, "Weil, Gotshal & Manges, had agreed more than two years ago to work on the case for free. But now the law firm is withdrawing from the case, acknowledging that at least one of its corporate clients had complained about its role."

This story Tuesday in the Times, headlined "Top Law Firm Agrees to Assist City in Suit Against Gun Makers," reports:

A top national law firm is joining New York City's landmark case that claims the firearms industry is responsible for gun crimes, replacing another major firm that stopped representing the city after at least one of its corporate clients complained about its role in the suit.

The entry of the new law firm for the city, Thelen Reid & Priest, is to be made in a court filing today, city lawyers said yesterday. Thelen Reid, like the city's prior legal ally, Weil, Gotshal & Manges, agreed to work on the case at no charge. * * *

City lawyers portrayed the arrangement with the new firm as balancing the legal talent in a fight against a powerful industry. It comes at a pivotal time in the battle. After a bitter court fight handled by the city's Law Department, the city today expects to receive a vast trove of confidential federal data tracing the path of guns used in crime. * * *

The data the city is to receive today is at the center of the city's case. The information was collected by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It includes the sales history of guns that law enforcement agencies seek to trace. Often, those guns were used in crimes. * * *

Industry lawyers have asked the city to supply extensive data about shootings. They say it could prove that many guns used to commit crimes in the city are stolen or obtained in ways that are beyond the industry's control.

Blue-chip law firms often represent many corporations. Some lawyers say those clients are troubled by suits like the one the city is pursuing. When they withdrew last spring, lawyers at Weil, Gotshal acknowledged that at least one of the firm's corporate clients had raised questions about their role in the case. They cited what they called a "potential positional conflict,'' indicating that some of the firm's corporate clients were worried that arguments advanced in the city's case might be used against them later.

Some legal ethics experts said at the time that Weil, Gotshal appeared to have simply bowed to the wishes of long-term clients. In certain cases, it is common for municipal lawyers to join with major firms that can match the resources of big national firms.

The earlier Indiana Law Blog entry, cited above, includes links to a number of prior entries, including to the Indiana Supreme Court's December 2003 ruling allowing Gary's suit against gun dealers to proceed -- City of Gary v. Smith & Wesson Corp. (12/23/03 IndSCt).

Posted by Marcia Oddi on October 14, 2004 10:55 AM
Posted to General Law Related