The Risks of Attorney Misstatements
Courts may consider sanctions against other members of a law firm or association, particularly if the court believes that the misconduct was a byproduct of the way that firm typically practices.
September 12, 2017 at 10:44 AM
10 minute read
As a general rule, attorneys do not make intentional misrepresentations in court. However, even when there is no intention to misrepresent, the conduct and words of attorneys can give rise to sanctions and other risks for their clients and their firms.
Last year, Judge Hanen of the District Court for the Southern District of Texas issued a scathing order criticizing the conduct of several Department of Justice (DOJ) attorneys defending the federal government against a suit brought by a group of 26 states. The court found that the attorneys representing the DOJ made several misstatements of fact in response to inquiries from the court during hearings and in pleadings regarding the government's compliance with prior orders or rulings.
The court issued a sweeping sanctions order, imposing sanctions against not only those DOJ attorneys directly involved in the case, but also against DOJ attorneys employed in Washington, D.C.
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