Friday, May 24, 2013
The Kansas Supreme Court has disbarred an attorney admitted in 1970 for misconduct in connection with a case involving a building collapse.
The attorney filed "as bare bones of a petition [suit] that could possibly pass muster" and failed to proceed in a competent and diligent manner. But the cause of the sanction had to do with a deposition he defended.
The deponent had had testing performed on concrete at issue but did not wish to disclose that fact because it was done by a moonlighting friend. The deponent was concerned that the friend could lose his job if the work came to light.
When the issue arose at the deposition, the deponent asked for a break. He expressed his concerns to the attorney and later testified that the attorney told him
Well, you're going to say what you want to say, so go ahead.
The deponent testified falsely and the false testimony was not corrected.
The attorney denied he had counseled false testimony but defaulted in the bar disciplinary case. (Mike Frisch)