Presumably The Expertise Was Not In Ethics
The Colorado Presiding Disciplinary Judge accepted a conditional admission of misconduct and imposed an 18-month suspension.
In the course of serving as a plaintiff’s expert witness in an Oklahoma case, Glover disagreed with plaintiff’s counsel about the compensation for her work as an expert and about her expert report, among other things. In spring 2014, she left a voicemail message for and sent two emails to defense counsel in the case. Soon thereafter, she spoke with defense counsel, advising him to subpoena all of the documentation related to her billing. She texted him to relay the same message. A few days later, she again counseled him by phone about the types of documents he should subpoena, and she also disclosed information about her interactions with plaintiff’s counsel. Glover concealed these communications from plaintiff’s counsel until trial in March 2015. At trial, Glover was questioned by defense counsel about their interactions. He asked her whether she had called him, and she replied, “no.” She also denied having sent him emails or left him a voicemail. Defense counsel moved to strike her testimony; the court granted the motion and instructed the jury not to consider her testimony.
The misconduct involved dishonesty and conduct prejudicial to the administration of justice. The attorney must prove fitness for reinstatement. (Mike Frisch)