April 22, 2011
Censure For Discovery Violation
The Wyoming Supreme Court has imposed a public censure of an attorney for misconduct in an answer provided in discovery.
The attorney was retained to defend a civil case. The client did not want to disclose that he had insurance for the claim. He advised the attorney that he would not put in a claim. A discovery response was filed that falsely denied the existence of insurance.
The attorney negotiated on the premise that the client had limited means to satisfy any judgment. The client decided to make an insurance claim. The discovery answer was not supplemented.
The attorney claimed that insurance need not be disclosed if a claim is not made. The rules provide, and court held, otherwise and imposed the censure with costs. (Mike Frisch)
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