December 5, 2011
Unauthorized Suit Results In Interim Suspension
The Vermont Supreme Court has imposed an immediate interim suspension of an attorney based on evidence that she had filed a medical malpractice case without the authorization of the client. The suit claimed that the client was "currently incapable of bringing this lawsuit in her weakened condition and against negative influence." The client disagreed.
The court concluded that the attorney "seriously misapprends" the import of Rule 1.14 relating to a client under disability. The client did not wish the suit filed and retained counsel to voluntarily dismiss and expunge the complaint.
The court also found that the attorney's filings raised serious concerns about her fitness to practice law. She asserted that she got no respect from Vermont courts because she had attended Howard University School of Law and that "it was necessary to file the lawsuit because of anti-Semitism among the bar directed against the plaintiff." (Mike Frisch)
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