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Can a lawyer be held in contempt for misleading the court?

Professional Ethics 2 views 1 answers
Lawyer misled the court by concealing an evidence. Also, presented a deposition as an evidence without corrections. Did not mention anything about the corrections made to the deposition after being read and signed by plaintiff. Will it be considered misleading the court if he has been showing the original deposition as an evidence throughout without showing the 'errata sheet' to the court? Should a 'motion for contempt' be filed?

Attorney Answer

1
Don KarotkinMedical Malpractice AttorneyHouston, TX ·
I assume the lawyer you are complaining about represents your adversary. If so, and if you have a lawyer, you should take this up with him or her. If you don't have a lawyer, you should hire one immediately. A motion for contempt is a serious matter, expecially when the alleged contemnor is a lawyer. If you file the motion without valid legal grounds, or if you fail to prove the grounds by competent evidence, you will accomplish nothing except making the judge angry at you. Filing such a motion pro se would definitely be a mistake. Your post does not contain sufficient details to enable me to opine on whether or not a motion for contempt is in order. Contempt is one way to address lawyer misconduct, but there are others, including a complaint about the lawyer's conduct to the State Bar of Texas, which can lead to serious disciplinary action on a finding of an ethics violation. Good luck.
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