July 1, 2011
An inexperienced attorney who had added information to the CV of an expert witness that he proposed to call in a DUI case did not engage in conduct involving dishonesty but did violate Rule 4.1, according to a recent decision of the Vermont Professional Conduct Board. The addition indicated that the expert had previously been accepted in a Vermont court. The attorney thought she had but did not make sure.
The expert was not called at the trial. The attorney did not intend to deceive the prosecutor.
The board imposed an admonition, which protects the identity of the attorney:
There is no evidence presented that there was any injury in this case. Respondent had been admitted for about two years at the time of the misconduct. We hope that this was a misguided action by a relatively inexperienced attorney and that it will not be repeated.
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