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Ana Rosenfeld will not be able to practice as a lawyer until the end of 2021: she violated professional secrecy in the case of Thelma Fardin against Juan Darthés

Suspended  Ana Rosenfeld
Suspended Ana Rosenfeld

Ana Rosenfeld will not be able to practice as a lawyer in the City of Buenos Aires for much of 2021. In the last hours the Room IV of the Contentious Administrative Chamber He rejected an appeal that the media lawyer had presented and signed the suspension of his registration, imposed by the Bar Association. The sanction came for the complaint of another lawyer and It was considered that the lawyer committed a breach of professional secrecy in the case of Thelma Fardin against Juan Darthés.

It all started when Fardín made a public and judicial complaint against Darthés for sexual abuse. Given the imminence of the announcement, Rosenfeld – who defended the actor in the cause that had started him Calu riverodecided to resign from representing his client and then appeared in different media to make statements.

In the original complaint, filed by the lawyer Francisco OnetoMention is made of several notes that Rosenfeld gave in those days. One in particular, given to the news channel TN, in which the attorney said that she had left her client for a “lack of confidence”, feeling “really disappointed”, and that she had stopped “believing” Darthes.

The writing also makes mention of a fragment of the program Intractable, by America, where the lawyer says that she felt disappointed by the actor: “At the time I put on Juan’s shirt because I was absolutely convinced that he had reason and reasons to sue Calu Rivero. If I had to sit in front of her, I would apologize for having mistrusted her word, “said Rosenfeld.

SEE ALSOThelma Fardin spoke of the new life of Juan Darthés in Brazil: “It is evident that all this is very unfair”

According to the complainant, and after at least two more instances of the Justice that ratified it, those words were detrimental to Darthés, taking into account that the judicial conflict with Calu Rivero was still pending.

The sentence of the Federal Capital Bar Association in which he was sentenced for one year without being able to practice in this area was issued on November 20, 2019 and was appealed by the lawyer. Just on November 24 of this year, the same court that now rejected his appeal was issued on harsh terms against Rosenfeld.

“The doctor cannot be unaware that she publicly made subjective value judgments closely related to the Darthés situation. Not only did he affirm and imply that he no longer believed in his client’s version, but he also assured that he would apologize to the other party. It is unquestionable that the lawyer made public her negative opinion regarding her former client in the media, a circumstance that undoubtedly constitutes an impairment of the trustworthiness duties that every lawyer owes to his client ”, stated the Chamber in its ruling November this year.

Rosenfeld sponsored Darthés in the accusation of Calu Rivero;  but with that of Thelma Fardin, he declined his defense
Rosenfeld sponsored Darthés in the accusation of Calu Rivero; but with that of Thelma Fardin, he declined his defense

In another section of that document, the judges Marcelo Duffy, Jorge Moran and Rogelio Vicenti they considered that “the reproach is not due to the fact that they have publicly reported their decision (to stop presenting Darthés) but because of the content and nature of the demonstrations that they voluntarily made on various television programs.”

Different lawyers consulted by Infobae considered that the decision adopted by the College is particularly severe against Rosenfeld. “The fact that the complaint is successful and your registration is suspended is not something that usually happens: there are many lawyers who make exhibitions in the media that go beyond professional secrecy and nothing ever happens. She is going to continue being a lawyer, of course, but she will not be able to sign in cases that are processed in Capital ”, considered a lawyer who knows as few the corridors of Courts.

The truth is that after that decision of the Chamber in November, Rosenfeld – unsurprisingly – presented an extraordinary appeal to be allowed to appeal to the Supreme Court. Is the one now was rejected, so that the sentence was final. Infobae contacted the lawyer to have her word, but received no response.

To file this appeal Rosenfeld hired the attorney Mariano Cúneo Libarona, member of a study specialized in appeals before the Court. But he is not the only lawyer of the acquaintances who assists her. In parallel to this, he initiated a case for damages against the Bar Association, considering that the application of the sanction was badly carried out. In that file he defended her Graciana Peñafort, the attorney for the Vice President of the Nation Cristina Kirchner, although he later resigned.

In that last ruling of the Contentious-Administrative Chamber, the magistrates explain why they rejected that possibility: “The appeal is inadmissible because Rosenfeld’s objections only express their disagreement in matters of facts, evidence and procedural law that do not belong to the high court (Court Supreme) ”.

The media lawyer of Wanda Nara, among others, still has one more judicial recourse, which is to go directly to knock on the doors of the Supreme Court of Justice of the Nation to have her case resolved. According to a source in his defense, will go to that right.

But in the meantime, and taking into account the timing of the highest court in the country, the execution of the suspension of his registration is already underway, so Rosenfeld will not be able to practice as a lawyer in the Federal Capital. You will need to find someone else to sign for it.

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