Friday, March 13, 2009

Incorrect Equals Unethical?

From the web page of the Virginia State Bar:

On January 29, 2009, a three-judge panel of the Arlington County Circuit Court imposed a    public reprimand on [an attorney] for violating the disciplinary rule that governs meritorious claims and contentions. The  misconduct occurred in a medical malpractice case, in which [he] incorrectly named a physician as a defendant.

The decision is not yet posted. It should be worth a read as to the particular facts. If the defendant was included in good faith and dismissed from the case when the lawyer learned of the error, there might be a strong argument against a finding of misconduct. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2009/03/incorrect-equal.html

Bar Discipline & Process | Permalink

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