pdf Don’t Get Disbarred: Ethics & Professional Responsibility For Prosecutors (Law Guru)

Don’t Get Disbarred is a must-read for every prosecutor in America. It teaches prosecutors what they need to know to stay out of trouble with bar disciplinary authorities. As Warren Buffett says: “It takes twenty years to build your reputation, but only five minutes to lose it.”

Veteran prosecutor and award-winning author Morley Swingle has penned an informative and often funny work discussing cases from all 50 states where prosecutors were disciplined for misbehavior, receiving everything from censure or reprimand, to suspension or disbarment.

The book is a page-turner. Every prosecutor is in dire trouble. Professionals accustomed to dishing out punishment are on the receiving end of painful and embarrassing discipline.

Misbehavior includes:

• Failure to comply with victim rights laws;
• Failing to create a “Brady List” of untruthful officers;
• Presenting perjured testimony;
• Not correcting perjured testimony;
• Threatening, bullying or coaching witnesses;
• Offering inducements to witnesses;
• Eavesdropping on jury deliberations;
• Misrepresentations to court or jury;
• Discovery violations;
• Tampering with evidence;
• Flirting with witnesses or victims;
• Affairs with cops or judges;
• Sexual relations with defendants;
• Sexual harassment in workplace;
• Improper statements to media;
• Recklessly criticizing judge;
• Misuse of social media;
• Fighting with defense lawyer;
• Incompetence handling caseload;
• Improper contact with defendants or jurors;
• Ignoring conflicts of interest;
• Favoritism in plea bargaining;
• Jury selection mistakes;
• Opening statement blunders;
• Forbidden closing arguments;
• Unethical cross-examination;
• Improper direct examination;
• Inadequate supervision of staff;
• Practical jokes gone bad;
• Ex parte contact with judges or jurors;
• Filing charges without probable cause;
• Vindictive charging;
• Implying right to special treatment;
• Favors for friends and family;
• Sharing confidential information;
• Alcohol or drug problems;
• Criminal conduct;
• Fixing traffic tickets;
• Misuse of reimbursements;
• Undercover investigations gone too far;
• Making grand jury transcripts public;
• Entering into release-dismissal agreements;
• Not reporting prosecutor or judge misconduct;
• Covering up ethical rule violations;
• Writing book about the case too soon;
• The “roving commission” of “conduct prejudicial to the administration of justice."

Swingle, a former state and federal prosecutor, personally dealt with ethical choices faced by prosecutors toiling in the trenches of day-to-day litigation and case management. Reading this book will help prosecutors save their reputations, aid criminal defense lawyers and judges in recognizing prosecutorial misconduct when they see it, and prevent the tragedy of wrongful convictions.

“This is the best book ever written for prosecutors who want to follow the Rules of Professional Conduct and stay out of trouble themselves. Every prosecutor, no matter what level of experience or inexperience, should read it.” Stephen Sokoloff, General Counsel, Missouri Office of Prosecution Services (Retired)

"My advice to prosecutors is to read Swingle's book. It may save your law license." Bennett L. Gershman, author of Prosecutorial Misconduct