Saturday, February 17, 2007

The Rest of the Story

Here's a story that any small firm lawyer who litigates can relate to. Lawyers A and B are opposing counsel in a domestic relations matter. B asks for and gets a continuance. A then seeks a continuance of the rescheduled date, citing either an oncoming illness or a conflicting obligation. B objects because of the expense in securing the testimony of an expert witness who was to testify on the fast-approaching new hearing date. The court denies the continuance and orders A to produce a doctor's note to support the claim of flu. There is confusion that suggests the possibility that A misled B as to whether the requested continuance was a fait accompli. In any event, A and the client do not  appear and the judge places B under oath to recount the interaction with A. The judge orders A to personally pay B's fees.

The rest of the story is the nightmare part. A is the subject to a disciplinary action that ultimately results in a six month suspension by the Oregon Supreme Court. These cases happen when lawyers in A's situation are not straightforward with opposing counsel and the court. I did not see in the opinion whether the court ever got a doctor's note. (Mike Frisch)

Bar Discipline & Process | Permalink

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» Divorce Lawyer Suspended For Lying from Oklahoma Family Law Blog
Here's a story that reaffirms what we have all been taught from a young age - just tell the truth. Seems an Oregon divorce lawyer wanted a continuance on the eve of trial. Opposing counsel objected to the continuance as [Read More]

Tracked on Feb 26, 2007 7:45:16 PM


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