This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
An attorney was hired to assist in a class action lawsuit and was paid over $173,000 for his work. After the case concluded, a dispute arose between the attorney and his employer over additional payments. The attorney filed a lawsuit claiming a partnership existed and sought a division of profits. During discovery, it was revealed that the attorney had falsified tax documents, under-reported income, and fabricated evidence to support his claims. He admitted to these actions under oath and was later convicted of making a false statement on his federal tax return (paras 2-10).
Procedural History
- District Court: The attorney's lawsuit was dismissed with prejudice due to his fraudulent conduct, and the court reported his actions to the disciplinary counsel (para 11).
Parties' Submissions
- Disciplinary Board: Argued that the attorney violated multiple provisions of the Rules of Professional Conduct through acts of dishonesty, including fabricating evidence and lying under oath, and recommended disbarment (paras 1, 11-12).
- Attorney (Respondent): Represented himself and admitted to under-reporting income and filing false tax documents but claimed to have taken steps to correct these misstatements (paras 8, 10).
Legal Issues
- Did the attorney violate the Rules of Professional Conduct through acts of dishonesty, including fabricating evidence and lying under oath?
- Should the attorney be disbarred for his conduct?
Disposition
- The attorney was disbarred from the practice of law, effective June 30, 1993 (para 14).
- The attorney was ordered to pay the costs of the disciplinary proceedings, amounting to $230.88, by December 31, 1993, with interest accruing on unpaid amounts (para 17).
Reasons
Per Curiam:
The Court found that the attorney's conduct, including fabricating evidence, lying under oath, and filing false tax documents, demonstrated a complete lack of fitness to practice law. The attorney violated multiple provisions of the Rules of Professional Conduct, including rules prohibiting dishonesty and deceit (paras 12-13). The Court emphasized that such actions undermine the integrity of the judicial system, which relies on truthfulness and transparency. Disbarment was deemed appropriate under the circumstances, as the attorney's actions caused significant harm to the legal process and public confidence in the justice system (paras 12-13).