December 14, 2012
Looking Out My Backdoor
An Arkansas Committee on Professional Conduct panel has reprimanded an attorney for conduct while defending a medical malpractice action.
The attorney violated Rule 4.4(a) by sending an e-mail to his client that suggested use of "backdoor ways" to pressure a plaintiff's expert to not testify in the case. The rule prohibits a lawyer's use of means that have no substantial purpose other than to embarrass, delay or burden a third party.
The client then sent three e-mails to the Department Chair at the University of Michigan, where the expert was employed. The client's conduct amounted to a Rule 8.4(a) violation.
The attorney consented to the discipline. He was sanctioned in the underlying case and had no prior discipline. (Mike Frisch)
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