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I’m am [sic] Mr. Duncan’s lawyer. This case is currently on appeal. You are not the prosecutor, the judge or a forensic expert. You have noted contacting several people who are potential witnesses in the case and who will be called as witnesses later on in an evidentiary hearing. As a lawyer you should no [sic] that you have no business talking to witnesses when you are not a party to this case. Cease immediately or I will file an ethics complaint with your state bar.... You are a memeber [sic] of the general public you have no right to be demanding that this child’s autopsy or medical records be turned over to you. Again you are neither the DA or the JUdge [sic] in this case.
I don’t intend to cease exercising my First Amendment right to speak about matters of legitimate public concern because some lawyer who is mis[re]presenting the content of my post threatens a bogus complaint to my State Bar.
UPDATE: Legal Ethics Forum is similarly skeptical that Frey has any ethics issues to worry about:
Given that the blogger wasn't representing a client when he made the contact with the witness, I don't see how [ABA Model Rule of Professional Responsibility] 4.2 would apply. Also, I don't think the witness was a client of the lawyer, so even if it did, you'd have no violation. I'm not sure how you get an ethics violation.... Anyone?