Best Lawyers For Malpractice?

Ever heard of a lawyer who was sued for malpractice? You may be unaware, but in 2013 the state’s highest court ruled that claims against attorney Gary M. Muscarello for malpractice could proceed because he had been certified as a specialist by the State Bar Association and his license is “impliedly consenting to an implied contract not to commit fraud or engage in deceitful conduct.” Mr. Muscarello represented a client in a child custody dispute and filed two motions with opposing counsel on behalf of the same party: one motion seeking immediate visitation, which would have relieved him from appearing at any future hearings; another motion requesting dismissal of all pending litigation without prejudice so that he could refile it after receiving approval from both parties to modify their parenting plan. In addition, he also submitted affidavits supporting these two motions under penalty of perjury acknowledging that they were true when signed even though they contained materially false statements about facts relevant to this legal matter—including omitting significant details provided by the other side’s witnesses—and thus violated rules governing dishonesty and fraud in five different ways (including Rule 11(b)(1), making false statements). A trial judge subsequently found Mr. Muscarello guilty of violating Rules 801(d) (false swearing); 803(a) (falsifying evidence); 902 (suborning perjury); and 904 (uncharged misconduct) dealing with “unethical conduct involving moral turpitude

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