Wednesday, February 17, 2010
We do not often see bar discipline imposed on an attorney for misconduct in connection with serving as an expert witness. However, it does happen as evidenced by this recent post on the web page of the Virginia State Bar:
On December 11, 2009, the Virginia State Bar Fourth District Committee-Section I issued a public reprimand to [an attorney] for violating disciplinary rules that govern candor toward the tribunal and misconduct that reflects adversely on a lawyer's fitness to practice. While testifying as an expert witness before the Board of Immigration Appeals, [the attorney] stated under oath that a Virginia State Bar disciplinary complaint against her had been dismissed when, in fact, it had resulted in a private reprimand, and she also misrepresented that she had not been represented by counsel in the disciplinary proceeding, when she actually was.