Thursday, October 8, 2009

No Discipline For Discourtesy

The Maryland Court of Appeals has dismissed disciplinary charges brought against an attorney who had delayed responding to letters from opposing counsel and in returning medical records in a divorce case within an agreed time frame. Such conduct did not prejudice the administration of justice. The court concluded that the behavior was discourteous but not sanctionable. The court made clear that it did not condone the "trench warfare" litigation tactics of the accused attorney: "Lest the victor's laurel here on Respondent's brow be thought to be vindication of his conduct, we disabuse any reader of that perception." While the court has not yet enacted professionalism standards and a report has proposed such enactments, the report "remains hortatory." (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2009/10/no-discipline-for-discourtesy.html

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