I’m trying something new this week. It’s a simple poll, but with a name. And who doesn’t like catchy (or not so catchy) names?
I call it “WSYW”, which stands for “What Say You Wednesday.”
I’ll give you the facts, I’ll give you some law, and I’ll let you vote. A poll will appear at the end of the blog.
This one came to my attention via Samson Habte at Bloomberg ABA/BNA Lawyers’ Manual on Professional Conduct.
- Lawyer is admitted to practice law in Vermont
- Lawyer represents Plaintiff in civil suit
- Plaintiff resided at Property owned by Defendant
- Plaintiff’s civil suit alleges that Defendant’s negligent management of Property caused Plaintiff to suffer injury due to toxic mold poisoning
- In April 2015, mediation was scheduled for August 22, 2015
- In July 2015, Plaintiff died of cancer
- On August 21, 2015, mediator called Lawyer to discuss mediation. By then, Lawyer knew Plaintiff had died
- Lawyer told mediator
- Plaintiff has been sick with cancer
- Plaintiff will not be at mediation
- Mediator asked Lawyer if Lawyer would be able to contact Plaintiff if an acceptable offer was made
- Lawyer replied “maybe”
- Mediation commenced on August 22
- Mediator, Lawyer, Defendant, and Defendant’s Attorney were present
- Mediator spoken, then sent parties/lawyers to separate rooms
- Mediator went to speak with Lawyer
- Lawyer disclosed that Plaintiff had died
- Lawyer admitted that he had not informed Defendant’s Attorney that Plaintiff had died
HERE’S SOME LAW
- Rule 1.6 – confidentiality of information relating to the representation
- Rule 3.3 – candor toward the tribunal
- Rule 4.1 – truthfulness in statements to others
- Rule 8.4(c) – it is professional misconduct to engage in conduct involving fraud, deceit, dishonesty & misrepresentation**
- Rule 8.4(d) – professional misconduct to engage in conduct that is prejudicial to the administration of justice.
- ** The VT Supreme Court has indicated that not “every white lie” violates Rule 8.4(c). Rather, a violation must be dishonesty/deceipt/misrepresentation that reflects on the attorney’s fitness to practice.
So, what say you?
- Did Lawyer violate Rule 1.6? Answer HERE
- Did Lawyer violate Rule 3.3? Answer HERE
- Did Lawyer violate Rule 4.1? Answer HERE
- Did Lawyer violate Rule 8.4(c)? Answer HERE
- Did Lawyer violate Rule 8.4(d)? Answer HERE