Monday, July 8, 2013
The Delaware Court of Chancery deferred decision on a request to revoke the pro hac vice status of a plaintiff's senior New York counsel.
Noting allegations of "serious misconduct" by counsel, the court concluded:
No state benefits more from admissions to its Bar pro hac than Delaware, and no judges benefit more from that system of admissions than the members of this court. Having said that, the opportunity to practice before this bar, even on a temporary basis, is a privilege. Like Delaware attorneys, attorneys from other states are expected to abide by high standards of professional conduct...
Despite the seriousness of the allegations, I find that little such risk [to the administration of justice] here going forward. The substantive litigation in this matter is finished. The parties are in the process of entering a stipulation of settlement. It does not appear that New York counsel will have any substantive role to play in this matter going forward.
The court deferred the issue of sanction and sent the matter to the Office of Disciplinary Counsel for consideration.
The opinion does not describe the allegations. (Mike Frisch)