Lawyer Passes Note To Client In Deposition – Pro Hac Vice Admission Revoked

SIUPA v. ASTRA TECH, INC., Dist. Court, D. Massachusetts 2013 – Google Scholar.

This is a rare decision on a motion to reconsider the revocation of pro hac vice admission. A pro hac vice admission is one by leave of court for a lawyer who is not admitted to practice in that court. In rare cases the pro hac vice admission can be revoked where the lawyer engaged in some form of serious misconduct.

In this case the lawyer was accused of passing a note to his client during a deposition. The lawyer denied it, but the district judge held a hearing. The district judge found that the lawyer had, indeed, passed the note and had submitted a falsified exhibit to the court.

Lawyers know that they are not supposed to coach witnesses during a deposition. Here, the lawyer passed a note to the witness and, allegedly, lied about it.

Edward X. Clinton, Jr.

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