Ethics Forum: Questions and Answers on Professional Responsibility
I did a Zoom deposition in a workers' compensation case of the claimant. I represent the employer. The employer told me that the person who testified was someone pretending to be the claimant. I confronted the claimant's lawyer who indicated that they had not met the claimant when they were retained. What are my obligations?
October 15, 2020 at 12:37 PM
10 minute read
If a lawyer knows that someone is pretending to be a claimant in a workers' compensation case, he must report it.
I did a Zoom deposition in a workers' compensation case of the claimant. I represent the employer. The employer told me that the person who testified was someone pretending to be the claimant. I confronted the claimant's lawyer who indicated that they had not met the claimant when they were retained. What are my obligations?
Samuel C. Stretton.
Based on the information provided, there is an obligation to report the matter to the Office of Disciplinary Counsel. Rule 8.3(a) of the Rules of Professional Conduct has a mandatory reporting requirement for such serious misconduct. Even if the claimant's lawyer had been also snookered by his client, it still has to be reported and then the Office of Disciplinary Counsel will sort out the issues. It is very important to self-report because lawyers' cooperation is an important part of the attorney disciplinary system and failure to do so could undermine the independence of the regulation of the members of the bar by the Pennsylvania Supreme Court.
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