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CaasP AOA ies PAN may at -7 FSS DA ab ate 2 &26F af1171 7 Case 1:09-cr-00581-WHP Document 522 Filed 04/06/12 Page 1 of 29 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) Case No. $3 09 Cr. 581 (WHP) VS. The Honorable William H. Pauley, HI PAUL M. DAUGERDAS, et al., ) ) Defendants. ) DECLARATION OF STEPHEN GILLERS I, Stephen Gillers, under penalty of perjury, declare as follows: Qualifications 1. My name is Stephen Gillers. f am a law professor at New York University School of Law, where I have taught the rules and law governing lawyers and judges (“legal ethics”) regularly since 1978. ] am author of a leading casebook in the field, Regulation of Lawyers: . Problems of Law and Ethics (9" ed. 2012). I have spoken hundreds of times on the subject of legal ethics at state and local bar associations nationwide and at American Bar Association meetings, at state and federal judicial conferences, and at law firms and corporate law offices in the United States and abroad. For more than a decade, I have been and remain active in the legal ethics work of the ABA’s Center for Professional Responsibility, spending hundreds of hours yearly on this work. Most recently, I have been a member of the ABA’s Ethics 20/20 Commission, a three and a half year project to review the rules of ethics governing lawyers in light of globalization and advance in technology. I have written widely in the area, including for law journals and the law and popular press. Legal ethics is-the primary focus of my academic research. My resume is annexed as Exhibit A. Question Addressed And Summary Of Conclusion 2. I have been asked to address the question the Court posed on February 16, 2012 — namely, “whether the attorneys for Brune & Richard involved in this matter would have satisfied their ethical obligations if they failed to disclose the contents of the July 21 letter and their complete investigation into Juror No. 1.” The question does not specify a time frame for any’ possible “failfure] to disclose.” I have been asked, therefore, to address any disclosure duty in March, May, and July of 2011. I have not been asked to address, and I am not addressing, the DOJ-OGR-00010126