This is the third installment of how Zane Seipler’s attorney Blake Horwitz is defending against a motion for sanctions that, if granted, would end the wrongful termination suit that the now-reinstated Deputy has filed against McHenry County Sheriff Keith Nygren and others in the Department.
The subject moved from conflict of interest to spousal immunity.
Rose Seipler’s former attorney, John Nelson, is still on the stand.
Nelson won a motion previously in the case on that subject matter.
He there is “a certain immunity from disclosure.”
“It is an issue that attorney’s must tread very carefully with.”
“I represented Mrs. Seipler in a deposition. When did I stop [representing her]?” Horwitz asked.
“My memory was that you didn’t represent her in the deposition, just suggested to her she could assert her Fifth Amendment privilege.”
Nelson then explained that most clients think a lawyer who has previously represented them are their “attorney for life.
“You have to tell them when they may need other counsel.
“They don’t understand legal matt4ers.
“They trust you in matters of legal guidance.”
Horwitz pointed out that attorneys “also have to avoid the appearance of impropriety.”
“We have the responsibility to do the right thing,” Nelson said for the second time in the hearing.
“If I had called you, would you have told me what she (Rose Seipler) said?” Horwitz asked.
“No,” was Nelson’s immediate reply.
Horwitz asked when he and Nelson had met.
“Two or three court appearances ago” was the answer.
“Did she pay you?” Horwitz asked.
“She paid that day.”
“First time, too?”
“Yes. Retainer and paid a final bill.”
Horwitz then asked if there “came a time when Ms. Seipler told you about posting articles on the internet.”
An objection was made by Elizabeth Ekl, which Judge Frederick Kapala upheld.
At that point it was Nygren attorney James Sotos’ turn to question Nelson.
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Articles explaining the dueling sanctions motions:
- Sheriff Seeks Sanctions for Privacy Violations, While Violating Privacy Order or “Do As I Say, Not As I Do”
- Point, Counter Point – Sotos, Horwitz Both Request Sanctions – Part 1
- Point, Counter Point – Sotos, Horwitz Both Request Sanctions – Part 2
- Point, Counter Point – Sotos, Horwitz Both Request Sanctions – Part 3
- Point, Counter Point – Sotos, Horwitz Both Request Sanctions – Part 4
- Point, Counter Point – Sotos, Horwitz Both Request Sanctions – Part 5
- Point, Counter Point – Sotos, Horwitz Both Request Sanctions – Part 6
Links to the articles containing the entire 10,000+ word transcript from December 15th, mainly about Sheriff Deputy Scott Milliman’s deposition, can be found at the links below: