[Lnc-business] Recent Comments Concerning My Representation of the LNC

[Oliver Hall]

Dear Libertarian National Committee Members:

I generally refrain from posting to this list unless it relates to LNC 
legal matters, but Ms. Harlos' recent comments pertaining to me require 
a response.

First, Ms. Harlos has suggested that it was improper for me to render a 
legal opinion on whether the LNC bylaws permit an online convention, and 
that I am "in danger of malpractice" for rendering the opinion that I 
did. That is incorrect.

As counsel to the LNC, I am routinely called upon to construe contracts 
and other legal instruments and to provide legal opinions about them. My 
retainer agreement with the LNC expressly states that one of my duties 
is to "Construe the Libertarian Party Bylaws and other governing 
documents of the LNC." That is what I did here.

In addition, the legal opinion that I gave is based on a careful review 
of the Bylaws, relevant provisions of Roberts Rules and other 
authorities, including the written opinion of a professional 
parliamentarian. My conclusion that the Bylaws do not prohibit an online 
convention is consistent with the text of the Bylaws, which are silent 
on the matter, and supported by the foregoing authorities. Furthermore, 
my conclusion was narrowly tailored: my opinion states that such a 
construction of the Bylaws is "disfavored" and should not be adopted 
except in emergency circumstances. Disagreement with that conclusion 
does not justify mischaracterizing it as malpractice.

I should also emphasize that I did not and would not advocate for any of 
the options the LNC is considering. Instead, I reviewed each option and 
identified the legal issues and risks that each one raises. That is what 
the LNC retained me to do, and I have been doing it in multiple contexts 
for nearly five years. I represent the entire LNC. As such, I have a 
duty of loyalty to the LNC. I would never betray that duty.

Any suggestion that I have committed malpractice, or that I would breach 
my duty of loyalty to my client, the Libertarian National Committee, is 
a serious accusation. It is also wrong, as a matter of fact and as a 
matter of law. That such accusations were made in a public forum is 
gravely disappointing to me. More important, it is a distraction at a 
time when I should be focusing on the critical legal work that the LNC 
and state party affiliates nationwide need me to do.

It remains my honor and privilege to serve the LNC as your counsel, and 
I look forward to returning to that work immediately. Thank you for your 
time and consideration.

-Oliver