Misstatements in Court and Their Aftermath
Everyone makes mistakes, but when attorneys misstate facts in court the ramifications may be serious for themselves, their clients and their firms.
September 12, 2017 at 12:11 PM
11 minute read
Everyone makes mistakes, but when attorneys misstate facts in court the ramifications may be serious for themselves, their clients and their firms.
On May 19, 2016, Judge Andrew 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, in a 28-page opinion, issued sanctions not only against those DOJ attorneys involved in the case (revoking their pro hac vice status), but also against all DOJ attorneys employed in Washington, D.C. The court also required the DOJ attorneys to provide additional information to the court regarding the government's actions that had purportedly been misrepresented by those attorneys.
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