Defense Counsel “Springs” Video of Plaintiff Not Paralyzed on Plaintiff’s Counsel

On Law.com’s Inside Opinions: Legal Blogs, Carolyn Elefant has a thoughtful and interesting post entitled, “Who’s More Ethical: the Lawyer With the Client Who Lied or the Lawyer Who Withheld Evidence of the Lie?”  She discusses a Florida med mal case involving a plaintiff who could actually walk (as caught on candid camera) and her own attorney’s finding out about the defendant’s Clients Gone Wild video much later, on a motion to dismiss for fraud — after nearly two years of working on and investing in the case.  The reader’s comments after are worth reading too.  She links to Mike Cernovich’s post, “It’s a Miracle!”  Mike asks, “What would you have done?”  His view, somewhat in contrast with Carolyn’s: “I think [defense attorneys] made the right choice.  By sitting on the evidence for a while, they prevented the plaintiffs from explaining it away.”

The original Law.com account of the court’s dismissal of plaintiff’s claim adds:  “Lawyers on both sides are facing ethical questions about their own conduct in the case, though both sides say no Florida Bar complaints have been filed.”

[Alan Childress]