Daniels v. Alander, 268 Conn. 320

Summary

The Connecticut Supreme Court affirmed a reprimand imposed on an attorney for violating Rules of Professional Conduct 3.3(a)(1) and 3.3(d) during an ex parte emergency child-custody proceeding. The court held that an attorney may violate the candor rules by failing to correct a material misstatement made by another attorney and by failing to disclose material adverse facts in an ex parte proceeding. The court concluded that the attorney’s status as an associate did not excuse the conduct.

Holdings

1. Rule 3.3(a)(1) is not limited to the attorney who makes an affirmative misstatement; under the circumstances, it also applies to an attorney who knowingly fails to correct a material misstatement made in the attorney's presence.
2. Information concerning the other state's jurisdiction, the appropriate forum, and counsel's preparedness to file an emergency petition was material to the ex parte custody proceeding and had to be disclosed under Rule 3.3(d).
3. An attorney's status as an associate does not excuse the attorney from correcting a known misstatement or disclosing material facts in an ex parte proceeding.

Questions Presented

1. Whether an attorney violates Rule 3.3(a)(1) by failing to correct a material false statement made to the tribunal by another attorney when the attorney has firsthand knowledge that the statement is false.
2. Whether an attorney violates Rule 3.3(d) by failing, during an ex parte proceeding, to disclose material facts known to the attorney concerning the appropriate forum and the availability of proceedings in another state.
3. Whether an attorney's status as an associate appearing with the attorney who made the misstatement exempts the associate from the duties imposed by Rule 3.3.

Disposition

affirmed