CHAPTER 2 - 2-7 DISOBEDIENCE OF FORUM RULES

• Jurisdiction: United States

2-7 Disobedience of Forum Rules

A lawyer may not disobey a rule established by a forum where a proceeding is pending.¹²⁸ If a lawyer asserts that no valid rule exists, a lawyer may be excused from lack of compliance.¹²⁹ In addition to the provisions of Rule 3.4(3), the commentary to Rule 8.4 provides that a lawyer may disregard an obligation "imposed by law" if the lawyer has a good faith belief that no valid obligation exists. The commentary also notes that the provisions of Rule 1.2(d) concerning counseling a client regarding potentially criminal conduct allows for instances where the lawyer believes there is a good faith challenge to the validity, scope meaning or application of the law.

A lawyer was suspended for one year for failing to attend several pretrials in a criminal matter.¹³⁰ The court found that he had no standing to challenge the constitutionality of court rules mandating pretrial practice in criminal cases. An attorney was ordered presented to the superior court for discipline where he refused to pay sums a probate court ordered paid to an estate.¹³¹ The Grievance Committee ordered an attorney presented to the superior court for discipline when there was evidence that he had refused to honor orders of the 9th Circuit Court of Appeals on several instances.¹³² An attorney was disciplined when, in a series of cases, he issued notices of deposition without notifying the other party.¹³³

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Notes:

^[128] Conn. Rules of Prof'l Conduct R 3.4(3).

^[129] Conn. Rules of Prof'l Conduct R 3.4(3).

^[130] Statewide Grievance Committee v. Whitney, 227 Conn. 829 (1993).

^[131] Vogell v. McGee, #01-0833.

^[132] Tolland Grievance Panel v. Burrier, #01-0833.

^[133] Medina v. Statewide Grievance Comm., No. HHDCV176075687, 2017 WL 6803094 (Conn. Super. Ct. Dec. 1, 2017).