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Editor’s note: The following is the conclusion portion of a 5th Circuit memo directed to plaintiffs-appellants represented principally by Provost & Umphrey lawyers involved in the appeal of an employment discrimination case in which the court alleges the lawyers distorted and misrepresented the appellate record. It has been edited for length and style: … Plaintiffs-appellants have filed several briefs with this court that contain a substantial number of outright falsehoods, determinative omissions, out-of-context quotations, and specious arguments, collectively calculated to mislead the court. Their outright misrepresentation of a district court’s statements and orders, of course, is the most egregious of their faults. To manipulate and redact selected statements intentionally so as to present a false picture — particularly when those statements are made by a federal judge — reveals a blatant disregard for the ethical norms of the legal profession, to say nothing of the obligation of full disclosure, forthrightness, and candor owed by an officer of the court. To commit this ethical breach in a brief filed in a federal appellate court simply compounds the significance of the act. In contrast, the presentation quality of plaintiff-appellants’ briefs is quite high; the grammar is virtually perfect, the arguments are logical and well-structured, and the formatting of the briefs is professional. This underscores the conclusion that the substantive faults identified in this memorandum are not the result of incompetence or a lack of diligence. This also further suggests the potential propriety of sanctions, whether an outright dismissal of the appeal with prejudice, a report filed with the professional ethics committee of the relevant state bars, a show-cause order preparatory to disciplinary action by this court, or all of the above.

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