IN RE PRIMUS 436 U.S. 412 (1978) CASE BRIEF

IN RE PRIMUS

436 U.S. 412 (1978)

NATURE OF THE CASE: This was a dispute over punishment of a lawyer.

FACTS: Primus, (D) is a lawyer who cooperated with the ACLU. She received no compensation for her work for the ACLU but was on retainer as a legal consultant of the Council on Human Relations, a nonprofit organization. Local and national newspapers reported that pregnant mothers in public assistance were being threatened with sterilization as a condition of continued receipt of medical assistance under Medicaid. D was called to assist and when meeting with the parties advised the victims of their legal rights and suggested the possibility of a lawsuit. The ACLU contacted D and informed her that it was willing to provide legal assistance to the victims. D wrote a letter to that victim informing her. That same victim was asked to sign a release of liability when she made a routine visit to that Dr's office. The victim then called D and informed her of her intent not to sue. There was no further communication between D and the victim. D was charged with solicitation for sending a letter to the victim informing her that the ACLU was willing to provide legal representation to those who had been sterilized. A private reprimand was issued and the Supreme Court of South Carolina increased the sanction to public reprimand.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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