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WiseOwl58, Attorney
Category: Business Law
Satisfied Customers: 3686
Experience:  Experienced business lawyer.
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I discovered that a defendants attorney had been previously

Resolved Question:

I discovered that a defendant's attorney had been previously publicly sanctioned by the state Supreme Court (disciplinary board). The local rules state that:
"A. Any attorney admitted to practice before this Court shall, upon being subjected to public discipline by any other Court of the United States or the District of Columbia, or by a court of any state, territory, commonwealth or possession of the United States, promptly inform the Clerk of this Court of such action."
He didn't inform this court of the prior public discipline.
What can I do about this?
Submitted: 5 years ago.
Category: Business Law
Expert:  WiseOwl58 replied 5 years ago.
You should print out a copy of the disciplinary action and submit it to the court with a letter referencing the local rule. Send a copy to the judge handling the trial.

You should also send the letter to the Arkansas state bar, because they may implement additional discipline for the attorney failing to follow the local rules and failing to follow through on the consequences of his earlier discipline.

Good luck with this. Please press the green ACCEPT button. i wish you all the best with the case.
Customer: replied 5 years ago.
Thanks for your prompt reply. As a follow up, I discovered this public sanction because this same attorney committed fraud upon the court in my case by certifying in his pleadings that he served me when he didn't, and admitted that he didn't. Upoin some advice from an attorney, I submitted a motion to strike his pleading due to the perjury, moved for sanctions, and submitted a complaint to the disciplinary committee. He responded by stating that even though he personally certified that he served me, he thought his staff would serve me the next day, and therefore it was a clerical error. The Judge denied my motion to strike and informed me in his order that if I accused him of perjury again, I would be sanctioned. The disciplinary board ruled that he committed no infractions by lying, too.
I believe this is a different issue entirely, right?
What benefit could I get by submitting this evidence?
Expert:  WiseOwl58 replied 5 years ago.
Yes, that is an entirely different issue, and it sounds like the judge is in his corner.

You might have the benefit of getting him sanctioned by the court, or it might just annoy the judge, as you saw how the judge reacted last time, threatening you.

Perhaps you should just report it to the state bar, and not risk the anger of the judge that you are before.

I hope this helps. Please press the green ACCEPT button. Good luck with the case.
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