2018 - INVESTIGATIVE SUMMARY 2

Investigation of Alleged Failure to Inform Client, and Making Misrepresentations

This investigation — which found intentional professional misconduct — focused on allegations that a Department attorney demonstrated a lack of candor in representations made to his supervisors and to the court regarding the status of discovery. 

OPR found that the attorney submitted multiple status reports to the court representing that a research project necessary to develop information significant to the litigation was underway, and that the project would be completed by a date certain, when the attorney knew, or should have known, that the project had not even begun.  The attorney made similar misrepresentations to his supervisors. 

OPR concluded that the Department attorney engaged in intentional professional misconduct by repeatedly and purposefully misrepresenting the status of discovery to the court, the plaintiffs, and his supervisors.