Friday, December 16, 2011
When Plane Collides And Client Lies
The Pennsylvania Supreme Court has imposed a public censure for four instances of what bar prosecutors call "garden-variety" neglect of client matters. A close inspection of the Disciplinary Board's report reveals a count that is a bit more complex.
The attorney was retained to pusrsue claims for injuries sustained by passengers who were in a plane that collided with a truck on the runway. In the suit, he asserted that the client's injuries were solely caused by the accident. The client so testified at her deposition. The client also testified that she had had no contact with the attorney prior to the plane accident.
Trouble was, she had been in a car accident two months before and had retained the attorney to pursue the claim. He failed to correct her false deposition testimony, contending that he did not "contemporaneously realize" that the testiminy was false.
The defense counsel later received the client's medical records of the client and recognized the false testimony. (Mike Frisch)