In one of my legal ethics columns for The Bencher, the publication of The American Inns of Court, I discuss a Delaware Supreme Court decision that resulted in the disbarment of an attorney for violation of a whole series of professional conduct rules including lack of candor towards the court and failure to address dishonesty of one’s client during discovery and trial. In particular:
The specific Delaware Rules of Professional Conduct that were violated included Rules 3.3(b); 3.4(a); 3.4 (c); 4.1(b); 8.4(c); and 8.4(d)—based on the following findings: (1) failure to take reasonable remedial measures by failing to disclose to the tribunal the criminal and/or fraudulent conduct of the client; (2) unlawfully concealing a material document having potential evidentiary value; (3) failing to disclose a material fact when disclosure was necessary to avoid assisting a fraudulent act by a client; (4) engaging in conduct involving dishonesty, fraud, deceit or misrepresentation by failing to provide the relevant documents to the opposing party or the tribunal; and (5) by engaging in conduct that was prejudicial to the administration of justice by failing to disclose material documents.