Friday, November 1, 2013

Litigation Misconduct Draws Reciprocal Sanction

Reciprocal discipline of a one-year suspension and until further order was imposed by the New York Appellate Division for the First Judicial Department.

The court described the misconduct found by the United States District Court for the Southern District of New York

...respondent was suspended based on his efforts — and those of a supervising partner — to conceal a client's current employment from his adversary. In the attempt to extract a more favorable settlement from the defendant, counsel made use of a misleading expert report on economic damages, which was based on the expert's presumption that the client would remain unemployed throughout the year. In fact, the client had been successful in securing employment at a salary greater than that received from the defendant. The partner, Scott B. Gilly, Esq., was likewise suspended by the Southern District Court for a one-year period and has been suspended from the practice of law in the State of New York in a separate reciprocal disciplinary proceeding before this Court.

The court declined the request of the Departmental Disciplinary Committee to require reinstatement in the Southern District prior to reinstatement by the First Department. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/11/reciprocal-discipline-of-a-one-year-suspension-and-until-further-order-was-imposed-by-the-new-york-appellate-division-for-the.html

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