Today, the U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a lawsuit brought under the California Unfair Competition Law by Friends of Animals and two other advocacy groups challenging the “100% natural” language in the advertising of the defendant poultry producer. Friends of the Earth v. Sanderson Farms, Inc., No. 19-16696 (9th Cir. Mar. 31, 2021). The appellate court agreed with the district court that plaintiffs had failed to prove organizational standing. Continue reading “Ninth Circuit Tosses Animal Rights Consumer Case For Lack Of Standing”
by Michelle C. Pardo
You may have heard the well-known proverb, “a man who is his own lawyer has a fool for his client.” It stands for the concept that while individuals in our country are free to represent him or herself in a criminal or civil trial – acting pro se – many caution that this is not the wisest course.
The issue is even more precarious when an attorney attempts to participate as a fact witness in a case he or she has brought. Rule 3.7 of the ABA Model Rules of Professional Conduct (a rule substantially echoed in many jurisdictions) states that “[a] lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness.” This rule applies absent certain narrow circumstances, such as the testimony relates to an uncontested issue or the nature and value of legal services. The reason for the rule is straightforward: combining roles of advocate and witness can prejudice the court and the opposing party and create a conflict of interest between lawyer and client.
Friends of Animals, an animal rights organization headquartered in Connecticut, recently was called out by a federal judge in Oregon when its in-house counsel, Michael Harris, tried to serve as a declarant in support of Friends of Animals’ summary judgment motion. The declaration was intended to establish the requisite “injury in fact” for Friends of Animals’ members to establish a critical element of “standing” – the threshold inquiry that permits a litigant to have an injury remedied by the federal courts. Continue reading “The Pitfalls of Serving as Activist Attorney and Client: Should We Give A Hoot?”