Legal Question in Legal Ethics in New York
Does Att'y Risk DISCIPLINE/SANCTION if Write letter 2 the Judge here?
I am a NYS admitted attorney, but I am not an experienced litigator.
My client is the Respondent in a Special Proceeding.
Petitioner and Respondent have each already submitted PROPOSED FINDNGS OF FACT AND
CONCLUSIONS OF LAW to the judge but the judge has not yet rendered a decision.
My client wants to expand and elaborate on some arguments made in our already
submitted PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, and my client also wants
to submit to the judge additional scientific reports which might bolster his case;
and, to that end, he wants me to WRITE A LETTER to the judge raising these more
elaborately argued, arguments and to include these scientific reports to accompany my
letter.
If I were to comply with my client's request and send this letter and scientific
reports to the judge at this stage in the proceedings, do I risk being subjected to
DISCIPLINARY measures or to sanctions of any kind, and if so, what is the ''worst case
scenario'' of the SEVERITY of any such discipinary measures?
Can any body provide me with reference to any law or rule which would subject me to
any such DISCIPLINARY measures or SANCTIONs under these circumstances?
1 Answer from Attorneys
Re: Does Att'y Risk DISCIPLINE/SANCTION if Write letter 2 the Judge here?
Calm down. First it is never wrong for an attorney to communicate with a court. You may not communicate ex-parte. Here is what you do. You call opposing counsel. Tell him what you just told us. He will likely object. That's ok. Then tell him that you would like to set up a conference call with chambers. He will likely agree to be on that.
Call Chambers tell the secretary or the law clerk (aka the lawman) what is happening. He will either say A. no way, or B. ok let's do the conference or C. no the judge will want you to do it on papers.
If it is the last one, you do an order to show cause for permission to expand argument or to reargue on notice to opposing counsel. You then attach the proposed arguement and docs as an exhibit. If the court agrees to allow it, it can then order the expansion by just accepting the exhibit or it can order you to reserve.
No disipline, no sanction and no trouble. Just be courteous to all involved, understand their position and then, proceed as instructed. The worst they can say is no. Your client always has an appeal.
If you have any other questions, please feel free to contact my office to discuss. We act as trial counsel to a number of Transactional attorney's offices and are always eager to help our collegues.
Good Luck.
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