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Kevin C. McMunigal
Judge Ben C. Green Professor

B.A. 1973 (Stanford), J.D. 1979 (California, Berkeley)
Phone: 216/368-2735
View CV (PDF)
Professor McMunigal teaches Criminal Law, Evidence and Professional Responsibility. He has held visiting appointments at the University of California (Hastings), Loyola Law School (Los Angeles), and Universidad Francisco Marroquin in Guatemala. Professor McMunigal is the co-author of Criminal Law: A Contemporary Approach, a criminal law casebook published by Aspen Publishing and of Do No Wrong: Ethics for Prosecutors and Defenders, published by the American Bar Association. His recent work includes Investigative Deceit, published in the Hastings Law Journal, The (Lack) of Enforcement of Prosecutor Disclosure Rules, published in the Hofstra Law Review, and Defense Counsel and Plea Bargain Perjury, published in the Ohio State Journal of Criminal Law. Professor McMunigal is currently guest editing a symposium issue of the Ohio State Journal of Criminal Law on the ethics of client counseling. He is a contributing editor of the ABA Criminal Justice Section’s magazine, Criminal Justice. Along with Professor Peter Joy of Washington University, Professor McMunigal writes a quarterly ethics column for Criminal Justice. Professor McMunigal wrote one of the background papers for a series of Roundtable Discussions held by the ABA Criminal Justice Section in the Fall of 2010 at law schools across the United States of revisions to the ABA’s Prosecution and Defense Function Standards. He was also an invited speaker on witness preparation at the ABA’s annual Professional Responsibility Conference in 2010. Professor McMunigal joined the faculty after serving as an Assistant United States Attorney in California. Earlier he clerked for U.S. District Judge William H. Orrick and practiced with Heller, Ehrman, White & McAuliffe in San Francisco.
Personal Statement
"I feel fortunate to teach at Case Western on a faculty that values and works at achieving excellence in teaching. Professors here share an enthusiasm for improving what we do in the classroom. Many of us regularly look for and exchange new ideas on how to help students learn. The law school administration and staff support and encourage new techniques, such as the use of computer-based student response systems in class, as well as curricular innovations, such as our course offerings that emphasize experiential learning. "
My article, Investigative Deceit, 62 Hastings Law Journal 1377 (2011), focuses on whether it is ever ethical for a lawyer to ask or assist another to lie on behalf of a client. I examine the legal ethics rules bearing on this question and the recent trend in a number of states to allow prosecutors and criminal defense lawyers to make use of investigative deceit. I also canvass the various arguments that are marshaled both for and against allowing lawyers to use investigative deceit.