Can an attorney merely acting as counsel be liable for violating another’s civil rights? Answer: Yes, as shown in Jordan v. Fox, Rothschild, O’Brien & Frankel, 20 F.3d 1250 (C.A.3 (Pa.) 1994).
In Jordan, the underlying dispute arose over a commercial lease between a landlord, Arnold T. Berman, and a tenant, Jordan Mitchell Inc. Through a confession of judgment executed by the tenant’s predecessor landlord’s counsel, Fox, Rothschild, O’Brien & Frankel, entered a judgment against the tenant for rent. On the judgment, without prior notice or hearing, the sheriff of Philadelphia garnished the tenant’s checking account. The tenant ultimately succeeded in opening the judgment.
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