New Jersey Supreme Court suspends lawyer for one year as reciprocal discipline for New York litigation misconduct

Hello everyone and welcome to this Ethics Alert which will discuss the recent New Jersey Supreme Court order/opinion which imposed a one year reciprocal suspension on a lawyer as reciprocal discipline for misconduct in a New York litigation matter. The disciplinary opinion is In the Matter of Gregory N. Filosa, Case No. 14-146 (NJ SC 11/6/14) and is online here: http://www.judiciary.state.nj.us/drb/decisions/Filosa_14_108.pdf

According to the opinion and disciplinary report, the misconduct involved the lawyer’s handling of an employment discrimination matter against the client’s former employer. The lawyer was an associate at his law firm and was supervised by firm partners. The employer requested information about the client’s efforts to mitigate damages through, inter alia, new employment.

The firm retained an economist as an expert to assess damages. The economist prepared an analysis based on the assumption that the client would be unemployed through the end of 2010. Before service of the expert report, the client accepted a job with Kraft that paid her more than she made at the former employer. She advised the associate about her employment, who told his supervisor. The law firm then sent the inaccurate expert report to opposing counsel and demanded a $350,000.00 settlement. The client was later deposed and lied about accepting the job at Kraft. The lawyer was aware that the testimony was false but did not correct it either at the deposition or later.

During the pendency of the case, the former employer learned about the client’s new position at Kraft and moved for sanctions and the dismissal of the case. The supervising attorney and another partner from the law firm were present at the May 2011 oral argument on the motion; however, the lawyer was not present.

After the hearing, the trial judge imposed a $2,500.00 sanction against the client and a $15,000.00 sanction against the law firm due to the “false testimony by (the client) at her deposition” as well as the lawyer (and his supervisor’s) efforts “to conceal (the client’s) new employment and to leverage a false expert report in order to extract a favorable settlement.” The judge did not to dismiss the case against (the employer) at the time. The lawyer resigned from the law firm on May 31, 2011.

The New York disciplinary board found that the lawyer had engaged in misconduct by “misleading (the former employer) about (client)’s employment prospects through the inaccurate expert report; by failing to correct (the client)’s deposition testimony; by failing to produce documents that would have revealed (the client)’s two job offers; and by trying to settle the case quickly ‘before the defendants caught on to the truth’”. He received a one (1) year suspension in New York in 2013. The New Jersey Supreme Court then imposed a one (1) year suspension nunc pro tunc as reciprocal discipline.

Bottom line: This lawyer was found to have concealed a client’s new employment, leveraged a false expert report in order to extract a favorable settlement, allowed the client to lie during a deposition, and failed to correct the client’s false testimony. Some other states might have imposed a longer suspension or disbarred the lawyer.

Let’s be careful out there.

Disclaimer: this e-mail does not contain any legal advice and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire
Law Office of Joseph A. Corsmeier, P.A.
2454 McMullen Booth Road, Suite 431
Clearwater, Florida 33759
Office (727) 799-1688
Fax (727) 799-1670
jcorsmeier@jac-law.com
http://www.jac-law.com

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About jcorsmeier

Joseph A. Corsmeier is an “AV” rated attorney practicing in Clearwater, Florida. He concentrates his practice primarily in the areas of defense of attorney disciplinary matters before The Florida Bar, attorney admission matters before the Florida Board of Bar Examiners, and professional license and disciplinary matters before the Boards of the State of Florida. He provides expert analysis and opinion on conflict of interest and other attorney disqualification and legal malpractice issues and he testified as an expert in the Florida courts. He served as an Assistant State Attorney in the Sixth Judicial Circuit from 1986 to 1990 where he prosecuted felonies exclusively from June 1987, and as Bar Counsel for The Florida Bar’s Department of Lawyer Regulation from 1990 to 1998. He also practices in the areas of estate planning and Medicaid qualification, workers’ compensation, and labor law. Mr. Corsmeier is the author of numerous articles for various bar publications, has spoken at numerous local and statewide seminars on various topics, including ethics and professionalism, and was an instructor of legal ethics for paralegals at Rollins College until the Tampa campus closed. He received his undergraduate degree from Florida State University and his J.D. from Mercer University. He is admitted to practice in all Florida Courts, the Supreme Court of the United States, the United States Court of Appeals for the Eleventh Circuit, and the Middle District of Florida. He is a member of The Florida Bar, American Bar Association, the Association of Professional Responsibility Lawyers, and the Clearwater and St. Petersburg Bar Associations.
This entry was posted in Attorney ethics, corsmeier, deceit, dishonesty, fraud, joe corsmeier, joseph corsmeier, Lawyer Ethics, Lawyer false statements, Lawyer fraud, Lawyer misconduct false court documents, Lawyer misconduct false statements, Lawyer misrepresentation, Lawyer sanctions and tagged , , , , , , , , . Bookmark the permalink.

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