Panel Calls Out Defense Attorney in Affirming Order for New Trial
"Competent and diligent representation ... does not mean a lawyer should strive to 'win' a case at all costs, if that means harming adversaries and their clients unreasonably and unnecessarily in the process and undermining the authority and integrity of the court," Justice Dianne Renwick wrote for the unanimous First Department panel.
April 18, 2017 at 06:02 PM
4 minute read
A defense lawyer in a Bronx trial engaged in a “pervasive pattern” of win-at-all-costs misconduct that included screaming and sneering, denigrating expert witnesses and twice moving for a mistrial in front of the jury, making a new trial necessary, a Manhattan appeals court has ruled.
In a unanimous opinion Tuesday, an Appellate Division, First Department, panel upbraided New York attorney Keith McHugh for his actions during a monthlong personal injury trial in 2013.
The opinion in Smith v. Rudolph, 302983/09, affirmed a 2015 order for a retrial issued by Bronx Supreme Court Justice Edgar Walker, who had granted plaintiff Tynia Smith's post-trial motion complaining of McHugh's behavior.
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