Friday, September 5, 2008

Grossly Impaired Judgment

The Pennsylvania Supreme Court accepted a consent disposition of a two-year suspension where the attorney had pusued a medical malpractice action "despite [his] knowledge that he had no basis to do so other than a conversation with [a doctor] who did not have the necessary expertise under the medical circumstances of the case." He had filed certificates of merit required in such cases that contained false statements and provided post hac statements of the merits to defense counsel after the claim had been dismissed without disclosing that they had been prepared after the lawsuit was dismissed. The court had imposed a $15,000 sanction against the lawyer and his firm. He also had mishandled a prisoner civil rights claim.

As mitigation, the lawyer contended that "he was severely addicted to marijuana and cocaine and his judgment was grossly impaired." He further contends that he stopped his drug usage in July 2007. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2008/09/grossly-impaire.html

Bar Discipline & Process | Permalink

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