The defamation case Roger Clemens is bringing up against former trainer Brian McNamee is starting to heat up. Before it can begin, McNamee's attorney, Richard Emery, is pursuing a motion that Clemens' attorney, Rusty Hardin, be disqualified from acting on behalf of Clemens in the case.
The reason given: Hardin represented Andy Pettitte before the release of the Mitchell Report last December. Per the NYT, Emery argued in his motion that Hardin had an ethical commitment to Pettitte as his former lawyer and thus could not cross-examine him on Clemens’s behalf. Emery went on to say Hardin has already violated his lawyer-client compact with Pettitte by “vilifying Pettitte in the press.”
Memo to Rusty Hardin: stay down. Let's not begin to comment on legal strategy in this matter. Rusty, you threatened a federal agent and were admonished by Congress when you said your client would have the agent's lunch if he attended the Congressional hearing in February. Do you, your client and everybody else a favor, drop the tough Texan act and button it...at least for a couple weeks.
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