2025 Investigative Summary 7

Investigation of Alleged Lack of Candor and Failure to Advise the Client

A Civil Division trial attorney self-reported that opposing counsel made numerous allegations concerning the trial attorney’s conduct in a civil matter, including that the trial attorney made misrepresentations at a status hearing regarding her knowledge of events surrounding the execution of a search warrant; misrepresented in a pleading the status of a related criminal investigation by a United States Attorney’s Office; and unreasonably rejected all efforts to settle the civil matter.  During its investigation, OPR added the trial attorney’s supervisor as a subject because she was allegedly aware of the trial attorney’s inaccurate statements in the pleading regarding the status of the criminal matter.     
Based on the results of its investigation, OPR concluded that the trial attorney violated her obligations under the rules of professional conduct and her general duty of candor when she knowingly and intentionally filed the status report that contained a false and misleading statement and when she knowingly and intentionally made misrepresentations to the court at the status hearing.  OPR further concluded that the trial attorney violated the rules of professional conduct when she intentionally failed to inform her management of three offers of settlement proposed by opposing counsel.  OPR also concluded that the supervisor exercised poor judgment in her review and oversight of the status report.  OPR referred its misconduct findings to the Professional Misconduct Review Unit.