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Attorney Misconduct Evidence

Marshall Dennehey

The Nature of Attorney Disciplinary Proceedings

Marshall Dennehey on

Key Points: The Pennsylvania Supreme Court has clarified that the standard of proof required for a finding of attorney misconduct is “clear and convincing evidence.” Attorney disciplinary matters “are in the nature of...more

Marshall Dennehey

Pennsylvania Supreme Court Clarifies Clear and Convincing Standard in Attorney Disciplinary Cases

Marshall Dennehey on

In the recent disciplinary matter of ODC v. Anonymous, 2025 WL 524221 (Pa. Feb. 12, 2025), the Pennsylvania Supreme Court established the standard applicable to attorney disciplinary matters, expressly holding that the...more

EDRM - Electronic Discovery Reference Model

A Protective Order Has Teeth – Counsel Disqualified After Court Finds Violations

In US Dominion, Inc. v. Byrne, 2024 WL 3792654 (D.D.C. Aug. 13, 2024), violations of protective orders led to disqualification of counsel. The court began its decision by stating:  “This case arises out of the 2020 U.S....more

Haight Brown & Bonesteel LLP

Attorney Exploitation of Motion in Limine Order Excluding Evidence and Reference to Facts Outside the Record Constituted...

In Jackson v. Park (B297616, July 27, 2021), the Second Appellate District for the Court of Appeal examined the nature and degree of attorney misconduct that could amount to a miscarriage of justice sufficient to require a...more

Sands Anderson PC

Fairness in the Adversary Process (Part One): Lawyers and the Discovery of the Truth

Sands Anderson PC on

Our adversarial legal system contemplates that each party will have the opportunity to fully investigate the facts of a dispute and bring to the attention of the trier of fact those facts most favorable to its position. This...more

Nossaman LLP

Friday Afternoon Eminent Domain Case Review

Nossaman LLP on

On Friday afternoon I decided to take a quick look at the advance sheets for any newly decided appellate cases involving eminent domain. My search revealed an unpublished decision that came out yesterday (September 7, 2017)...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Reprimands Lawyer for Misconduct in Deposition

On August 25, 2017, Justice Shirley Werner Kornreich of the New York Commercial Division entered an order reprimanding a high-profile lawyer, Mark Geragos, for misconduct during a deposition, including refusing to answer...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19359 - Persels & Associates, LLC v. Banking Commissioner - Noting that it has generally been the policy of the Courts to defer to the Legislature, especially as to the...more

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