Any attorney who appears regularly in court knows the importance of being candid and direct with the Judge. However, sometimes an attorney can make a misstep in her communications with the court. Whether as a result of an honest mistake or in an attempt to act as a zealous advocate, attorneys can sometimes make statements on the record that may not be entirely accurate.
This can arise in the context of a Judge’s inquiry as to the status of a discovery dispute, a client’s efforts to identify or produce relevant documents, or a discussion regarding the merits of the case. A recent widely publicized decision shows how great the risk can be for attorneys who make misstatements to a Judge — whether intentionally or not.
