Wednesday, October 16, 2013

Take My Wife, Not My Daughter

An attorney who had filed a defamation action without conducting an investigation to identify the proper party defendants, failed to amend the complaint when he "erroneously filed suit against the daughter of the intended defendants," and failed to respond to the ensuing bar investigation has been publicly reprimanded by the Ohio Supreme Court.

The suit was filed on the attorney's own behalf, along with his wife and another couple. It alleged that a married couple had defamed him during the course of a television interview about the treatment of horses that he owned and that the other couple pastured.

The suit misidentified the daughter as the wife. In fact, the daughter had no involvement in the dispute.

Although the attorney received the bar's letter and sought an extension, he did not reply due to "family turmoil surrounding the death of his father-in-law."

The discipline was imposed by stipulation.  (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/10/an-attorney-who-had-filed-a-defamation-action-without-conducting-an-investigation-to-identify-the-proper-party-defendants-fa.html

Bar Discipline & Process | Permalink

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