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Cliff Rosky, a University of Utah law professor and an Equality Utah board member, said Smay was "flagrantly in violation of ethical rules."
"Suing the LDS Church is misguided," Rosky said, "because the church is protected by the First Amendment of the U.S. Constitution and because the church has nothing to do with the lawsuit."
Beyond that, "Everyone in this country has the right to go to court and present their views and have them heard by a judge. The state of Utah has that right as much as the same-sex plaintiffs do. You don’t sue someone for appealing."
Clients control the objectives of a lawsuit, Rosky said, and Smay is admittedly at odds with Fowler and Winburn. Smay also misled the court by holding himself out as their attorney.
"If your client tells you, ‘I don’t want you to be my lawyer anymore,’ " Rosky said, "then you have to" respect that.
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