Connecticut Court Rules That Lawyers Can’t Be Sued for Fraud

May 21, 2013

  • June 10, 2013 at 1:56 pm
    Darren McKinney, American Tort Reform Association, Washington, D.C. says:
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    It’s time for Mr. Simms to consider targeting the shysters in question with a federal RICO lawsuit. If crooked Connecticut judges won’t police their own courts, the feds will have to do it for them.

  • December 12, 2013 at 5:40 pm
    Salvatorie says:
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    What I find interesting about this case and I have not read the full case, is In 1708, the Connecticut statute contained an attorney oath prohibiting an attorney from doing any “falsehood” in court and bringing a “false or unlawful suit. See, Carol Rice Andrews, Standards of Conduct for Lawyers: An 800-Year Revolution, 57 SMU L. REV. (2004) supra note 179, at 1417.

    The laws as the supreme court referenced seem different from the historic record of such.

    As a foundation, the First Statute of Westminster in 1275, Chapter 29 stated;
    “It is provided also, that if any serjeant, pleader, or other, do any manner of deceit or collusion in the king’s court, or consent unto it, in deceit of the court, or to beguile the court, or the party, and thereof be attainted, he shall be imprisoned for a year and a day, and from thenceforth shall not be heard to plead in that court for any man; and if he be no pleader, he shall be imprisoned in like manner by the space of a year and a Day at least; and if the trespass require greater punishment, it shall be at the king’s pleasure.”

    Today many states now include the attorney deceit laws which mirror Federal Rule 11 and the ABA Model Rules of Professional Conduct, Rule 3.3(a) (1) and (3), Rule 3.4(a) and 8.4(c).

    New York State NY JUD §487.1 Misconduct by Attorneys is a model for tese states:

    1. CAL. BUS. & PROF. CODE §6128 (West 2003)
    2. IND. CODE ANN. §33-43-1-8 (West 2010)
    3. IOWA CODE ANN. §602.10113 (West 2009)
    4. MINN. STAT. ANN. §481.07 (West 2002)
    5. MONT. CODE ANN. §37-61-406 (West 2009)
    6. NEB. REV. STAT. §7-106 (2010)
    7. N.M. STAT. ANN. §36-2-17 (West 2010)
    8. N.D. CENT. CODE ANN. §27-13-08 (West 2009)
    9. OKLA. STAT. ANN. tit. X, §575 (West 2002)
    10. S.D. CODIFIED LAWS §16-18-26 (2010)
    11. WYO. STAT. ANN. §33-5-114 (West 2010)

    I would love to talk to Mr. Simms to consider refiling….



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