Bridget Kelly's Lawyer SPLITs - citing a 'conflict' linked to his Christie-appointed position

[kpete]

Last edited Wed Jan 22, 2014, 12:16 PM - Edit history (3)

Will Christie aide fired over Bridgegate rat out her boss? Lawyer with deep ties to the governor splits with Bridget Kelly over 'conflict of interest'
Chris Christie's former deputy chief of staff got the axe over an email that appeared to kick off the 'Bridgegate' lane closures in September
She quickly retained Walter Timpone, a politically connected lawyer
Now Timpone has cut Kelly loose, citing a 'conflict' linked to his Christie-appointed position on an election law commission
The news comes as Christie takes the oath of office for his second term as governor


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The lawyer slated to represent a top Christie Christie aide sacked over the Bridgegate scandal is no longer representing her, MailOnline has learned, leading to speculation that she may be planning to turn on her former boss.

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Walter Timpone, a Christie-linked attorney whom Kelly retained after her public firing, received the subpoena served on her Friday by a New Jersey Assembly special investigative committee. But he is stepping aside because he has a conflict of interest.

'I'm not representing her,' Timpone told MailOnline on Monday when asked about his now-former client Bridget Kelly.

'I have a conflict. I’m an elected commissioner. That's where we are.

MORE:
http://www.njnewsday.com/national/19387-will-christie-aide-fired-over-bridgegate-rat-out-her-boss-lawyer-with-deep-ties-to-the-governor-splits-with-bridget-kelly-over-conflict-of-interest.html

Walter Timpone, a Christie-linked attorney whom Kelly retained after her public firing, received the subpoena served on her Friday by a New Jersey Assembly special investigative committee. But he is stepping aside because he has a conflict of interest.
---
Timpone refused to explain to MailOnline why he took Kelly as a client before suddenly recusing himself.
'I'm not at liberty to talk about this,' he said. 'I'm not going to talk about this.'

But the move has led to speculation that Kelly may have told Timpone that she was prepared to turn on Christie – a move that would create an instant conflict of interest because of his deep ties with the embattled New Jersey governor.

MORE:
http://www.dailymail.co.uk/news/article-2543644/Will-Christie-aide-fired-Bridgegate-rat-boss-Lawyer-deep-ties-governor-splits-Bridget-Kelly-conflict-interest.html#ixzz2r7TZ8qG4

UPDATE (from Daily Kos):

Update 4. Apparently Timpone has form for lying to the feds. From the NYT in 2002..
http://www.nytimes.com/2002/02/12/nyregion/problem-arises-in-candidacy-for-top-aide-to-prosecutor.html

Quote

Mr. Timpone reportedly assured prosecutors that he had no conflict because he did not have a close relationship with the senator. But F.B.I. agents conducting surveillance on Mr. Torricelli's Englewood home later saw Mr. Timpone visit the senator there.

Prosecutors in the United States attorney's office in Manhattan, who were running the Torricelli investigation, asked Mr. Timpone again about his dealings with the senator, and he denied a relationship with Mr. Torricelli, three officials familiar with the case said. When he was confronted with evidence that he had been seen at Mr. Torricelli's house, Mr. Timpone reportedly assured them that he never mentioned that his client was being asked to gather evidence against him.

Prosecutors conducting the Torricelli investigation were so incensed by Mr. Timpone's actions that they considered filing criminal or ethical charges against him for impeding a federal investigation, several Justice Department officials familiar with the case said. [font color=red]But after conversations with Mr. Timpone's former colleagues at the United States attorney's office in Newark and supervisors at the Manhattan office, no action was taken.[/font]

WHO was US attorney in NJ in 2002 - you guessed it.


United States Attorney for New Jersey
In office January 17, 2002 – December 1, 2008

http://www.dailykos.com/story/2014/01/22/1271608/-Bridgegate-Kelly-dumps-is-dumped-by-lawyer

[brooklynite]

1. Sorry, but he can't "rat on her"

Anything he knows about her conduct is covered by attorney-client privilege.

[beac]

39. Maybe not rat to the Feds but to Christie?

He knew from Day 1 that he had a "conflict" so why take her on at all? Could it be to find out everything she knew/her intentions before suddenly realizing he had a "conflict" (and hightailing it to Christie to tell all)?

Yeah, I know that would be illegal, but this is a Christie minion so I don't have a hard time imagining this scenario.

[rocktivity]

46. DING DING DING! Beac, you're our grand prize winner!

Last edited Thu Jan 23, 2014, 07:54 PM - Edit history (2)

He knew from Day 1 that he had a "conflict" so why take her on at all?

We have only "Governor Soprano's" word for it that he and Kelley haven't communicated since her firing. If it really WAS a firing -- remember, he let the others resign.

Maybe Christie assured her that he was firing her purely for appearances' sake, but would set her up with a lawyer. Or maybe he arranged for Timpone to approach her and offer his services directly. Either way, both Christie and Timpone must have known that Timpone had no business going within twenty miles of a client who would be litigating against someone he worked for. I think Kelly was set up with a lawyer whose mission was to set HER up!


rocktivity

[spanone]

2. k&r....

[jberryhill]

3. Doesn't necessarily mean much

For example, I once represented two guys who were accused of doing something wrong. The other side produced an expert report which, on a close read, suggested that at least one of the guys did it.

Now, to this day, I don't know whether either of them did it, or which of them did it if, in fact, one of them did.

But when I finished reading the expert report, I called them up and told them to each get a different lawyer.

Why? Not because I had any idea whether either one of them did it, but as individuals it was looking like one of their best options was to blame the other guy. I couldn't represent them both and advise them of that.

[randome]

6. Good point. This is media speculation for now.

Interesting speculation but nothing to get excited about yet.
[hr][font color="blue"][center]"There is a crack in everything. That's how the light gets in."
Leonard Cohen, Anthem (1992)[/center][/font][hr]

[Justice]

9. Good example, but it underscores speculative point; suggest another reason

Jberryhill - In your example, the facts changed/new facts emerged and thus the conflict was created.

In this case, perhaps facts emerged/changed that made the lawyer realize he had a conflict, when initially he thought he did not. Such as the facts that have been speculated - that Bridget told the lawyer something that put him in conflict with his duties to the administration (although I am not clear on how being an elected official is itself a conflict between the administration and kelly -- if he were appointed, I would have a different view)

Additionally, I am shocked that the lawyer and his firm did not consider the issues more broadly on intake - they should have at least considered that there might be a conflict if information came to light. The passage of only days between taking the client and then having to withdraw/fire the client over a client is so short, is very curious, if not highly bizzare (in lawyer speak).

I suspect the answer is more transparent --- the lawyer wanted to withdraw because he wants to line up on Christies's side - much like the mayor of Union City - pro-Christie people are emerging and are pushing back against the allegations. I suspect this lawyer and his firm did not want to be seen as part of an effort to take Christie down.

[pnwmom]

16. But shouldn't a potential conflict have been obvious immediately

since Christie was blaming her from the first?

[jberryhill]

22. The article is not really clear on what the nature of the conflict is

While the linked reports appear to speculate using terms like "Christie-linked" etc., it's not clear, to me at least, specifically what caused him to believe there was a conflict.

Now, Christie has represented that he knew nothing about it, and that it was the doing of rogue staff. If the attorney had a prior professional relationship with Christie which was relevant to the circumstances here, then I don't see any "obvious immediate" conflict arising out of Christie's professed ignorance of what went on.

[Jim Lane]

44. It's probably not a formal conflict but he still should have declined the representation.

I doubt that he previously represented Christie in anything that could be considered the same "matter" as Bridgegate. I also doubt that any of his prior dealings with Christie gave him confidential information about Christie that might now be used against Christie if the lawyer were representing Kelly.

Nevertheless, in Rule 2.1 of the American Bar Association's Model Rules of Professional Conduct, we find:

In representing a client, a lawyer shall exercise independent professional judgment and render candid advice.

Given that this lawyer holds an appointment courtesy of Christie, and has in the past dealt with and worked with Christie as an ally, then he's probably incapable of exercising independent professional judgment in a situation like this. If he had no ties to Christie, and if without such ties his best judgment as to how to advise Kelly would be to tell her to sing like a canary, will he be fully capable of rendering that advice if he knows that it will severely damage someone he likes, and might cost him his own appointive position? I'd say the answer is No.

When Kelly first approached him, it was foreseeable that there would be, at a minimum, reasonable grounds for questioning his exercise of independent judgment on her behalf. Therefore, he should not have agreed to represent her.

[rocktivity]

47. The article says that Christie appointed him to serve on a commission

Last edited Thu Jan 23, 2014, 07:56 PM - Edit history (1)

So technically, he works for the person that his client would be litigating against.

That's not the stuff of a complicated legal or ethical dilemma. Did Trimpone simply forget that he had that appointment -- is it one of those non-salaried, do-nothing, ceremonial, resume-stuffing jobs?


rocktivity

[olegramps]

25. Is it possible that Christie and Co. were trying to find out where she stood?

[longship]

4. Curiouser and curiouser it gets. R&K nt

[Gothmog]

5. Rats bailing on a sinking ship

The most common conflict for a white collar defense attorney is the failure to pay a large retainer

[polichick]

7. I hope Kelly tells the truth.

[CTyankee]

8. Why did she attempt to retain Timpone in the first place?

She should have figured that he couldn't represent her, given his association with that commission.

She really needs help to guide her in weighing her options. She's out at sea on a raft right now...

[truebluegreen]

10. Why did he accept?...and then bail out?

[CTyankee]

35. that's a good question! Could be just his initial arrogance getting in the way of

his ability to reason...

[Justice]

11. It is the lawyer's job to figure out the conflict, not the client's job.

I agree with your basic point - why did this happen in the first place - but would say why did Timpone agree to represent her in the first place. I don't really buy that he has a conflict given that he is elected. It is a convenient way to exit the representation. I think he does not want to cross Christie.

[freebrew]

18. "why did this happen in the first place" - To find out what she would say???

So, it's an attorney's duty to keep quiet and confidential about what he and his 'client' spoke about?

That duty obviously is only meant in regards to the state. Hell, he could tell Christie, an uninterested party, or even some goon he met at the bar... no fault of his?

Just sayin'

[jberryhill]

23. Uh, no, he can't talk about it with anyone

Breach of client confidentiality - to anyone - is a violation.

[freebrew]

27. I'm just so confident

that someone that works for Christie is going to follow those rules.

[CTyankee]

36. that's a good point...an easy "out" for Timpone...

[global1]

12. Subpoena Timpone......

or are lawyers immune to that?

Sounds like the whole State of NJ is incestuous with the Crisp Crispy gang.

[jberryhill]

24. No, he can't be subpoenaed

I mean, yes, one could be issued, but in general you cannot enforce a subpoena against an attorney in order to obtain client communications.

[bigdarryl]

13. Rachel will find out why he bailed on her

Trust me

[malaise]

14. Oh My

Where are my chocolates?? Delish!!!

Christie and his goons are all linked.
Keep em coming you incestuous, vindictive, nasty ReTHUG scumbags[/url]

By the way how can Samson's law firm represent the Governor when he too has been sent a subpoena?

[riverwalker]

15. he was a very shady guy

http://www.dailykos.com/story/2014/01/22/1271608/-Bridgegate-Kelly-dumps-is-dumped-by-lawyer#

[Sienna86]

17. I believed they were "appointed" these attorneys by Christie folks

Once they start realizing that their attorneys are not looking out for their best interests, a few more may lose their attorneys. The sudden realization the attorney has a conflict of interest is just a cover story.

[Coyotl]

30. What we are seeing is the collapse of the cover-up phase.

Not everyone is staying on the H.S.S. Christie.
That's the "His Sinking Ship" Christie!

[cheyanne]

19. Do you know that Christie is also being sued by the AAA?

It's about a raise in tolls for the bridge. I can't find the link right now but it's in the jersey local news.

[DeSwiss]

20. Tick, tick, tick.....

- Boom. It's coming.

K&R

[Coyotl]

21. Christie fires her and Christie-linked attorney takes up her defense? That is suspicious in itself.

Sounds like the plan was to close ranks and make this go away by blaming a person willing to take the fall while also providing said person with defense and a likely fixed outcome.

Sounds like that plan has changed and now she needs to have an attorney who isn't representing Christie!

[gopiscrap]

26. Ah it doesn't look good

for the bloated governor!

[marias23]

28. Everyone in NJ has a conflict of interest

NJ is so incestuous politically that the only people there w/o a conflict of interest are not yet born.

[thesquanderer]

29. Advice to Bridget: Stay away from private planes (n/t)

[warrior1]

31. good work kpete

[mfcorey1]

32. He got all the info and then split to tell the Christie camp what she plans to

do.

[polichick]

33. Most likely.

[malaise]

34. Very possible n/t

[uponit7771]

37. +1

[beac]

40. Whoops! Should have read the whole thread before responding but

the same thing occurred to me (see my response up thread.)

No dealings are too dirty to believe when Christie is involved.

[DallasNE]

38. Corruption To The Core

With a dollop of sleaze.

[riverwalker]

41. from Blue Jersey

Bridget Kelly loses her lawyer: Is the "loyal team player" about to turn on Christie?

http://www.bluejersey.com/diary/24559/bridget-kelly-loses-her-lawyer-is-the-loyal-team-player-about-to-turn-on-christie

[riverwalker]

42. Timpone is one of Christie's "O.G."

http://newjerseyjustice.blogspot.com/2006/05/friends-in-high-places-scandal-at.html

[El Shaman]

43. Mafia Gone:

Hi Tech!!!

[marble falls]

45. If that's the only thing they can dig up on her, as a Republican I will have no problem voting for..

Wendy Davis. I have all sorts of problem voting for "General" Abbott. I want Wendy Davis to be governor.